Ian Birk

Judge Ian Birk authored Simonton v. Washington Health Care Authority, reversing dismissal of a state employee's putative class challenge to an exclusion for obesity medications. The court held the essential-health-benefits regulation did not resolve the alleged discrimination and allowed discovery to proceed without deciding that the drugs must be covered.

May 4, 2026For

Source: courts.wa.gov · researched July 13, 2026

Judge Ian Birk authored A.S. v. Provail, affirming partial summary judgment that a disability-services provider was subject to the Washington Law Against Discrimination's public-accommodation protections and could not avoid statutory responsibility merely because services were delivered in a private room.

December 15, 2025For

Source: courts.wa.gov · researched July 13, 2026

Judge Ian Birk proposed a statewide court anti-harassment rule requiring every Washington court to adopt a policy providing fair and equal treatment, including an independent way to report workplace harassment. The Washington Supreme Court approved the proposal for publication and public comment.

December 4, 2025For

Source: courts.wa.gov · researched July 13, 2026

Judge Ian Birk authored State v. Wilson, reversing a shooting conviction after holding that the defendant's statement that he would have to ask for legal representation unequivocally invoked his Miranda right to counsel and that admission of the later statements was not harmless.

August 5, 2024For

Source: courts.wa.gov · researched July 13, 2026

Judge Ian Birk authored State v. McGee, reversing a second-degree-murder conviction because an unlawful seizure tainted evidence used in later warrants and rejecting the State's attenuation and inevitable-discovery arguments under the Washington Constitution.

May 30, 2023For

Source: courts.wa.gov · researched July 13, 2026

Judge Ian Birk authored Libri v. First National Insurance Company of America, concluding that the insurer did not adequately raise two requested reductions in superior court, exercising discretion to impose one undisputed reduction, awarding partial appellate attorney fees, and otherwise affirming with a ministerial remand.

March 17, 2025

Source: courts.wa.gov · researched July 13, 2026

Sitting in Division III, Judge Ian Birk authored State v. Baggarley, affirming a first-degree-robbery conviction and holding that unpreserved jury-unanimity and criminal-filing-fee issues were not reviewable on the record presented.

September 26, 2023

Source: courts.wa.gov · researched July 13, 2026

Judge Ian Birk authored Salisbury v. City of Seattle, holding that a former police officer presented sufficient evidence to let a jury decide economic damages, clarifying the mitigation instruction, and holding that any damages were offset by disability benefits; the court affirmed in part, reversed in part, and remanded.

January 17, 2023

Source: courts.wa.gov · researched July 13, 2026

Ian Birk said judicial decisions should be grounded in the constitution, statutes, and precedent rather than personal views, political pressure, public opinion, or special interests, and that judges must apply the same rules to every party.

May 29, 2026For

Source: 31stdistrictdemocrats.org · researched July 13, 2026

Ian Birk said judicial decisions should be grounded in the constitution, statutes, and precedent rather than personal views, political pressure, public opinion, or special interests, and that judges must apply the same rules to every party.

May 29, 2026

Source: 31stdistrictdemocrats.org · researched July 13, 2026

Judge Ian Birk proposed a statewide court anti-harassment rule requiring every Washington court to adopt a policy providing fair and equal treatment, including an independent way to report workplace harassment. The Washington Supreme Court approved the proposal for publication and public comment.

December 4, 2025

Source: courts.wa.gov · researched July 13, 2026

Ian Birk said every appellate decision he writes is reviewed by his nonlawyer judicial administrative assistant from a lay reader's perspective and that he revises opinions when legal language can be stated more clearly without losing precision.

May 29, 2026For

Source: 31stdistrictdemocrats.org · researched July 13, 2026

Judge Ian Birk authored Simonton v. Washington Health Care Authority, reversing dismissal of a state employee's putative class challenge to an exclusion for obesity medications. The court held the essential-health-benefits regulation did not resolve the alleged discrimination and allowed discovery to proceed without deciding that the drugs must be covered.

May 4, 2026For

Source: courts.wa.gov · researched July 13, 2026

Judge Ian Birk authored A.S. v. Provail, affirming partial summary judgment that a disability-services provider was subject to the Washington Law Against Discrimination's public-accommodation protections and could not avoid statutory responsibility merely because services were delivered in a private room.

December 15, 2025For

Source: courts.wa.gov · researched July 13, 2026

Judge Ian Birk authored Libri v. First National Insurance Company of America, concluding that the insurer did not adequately raise two requested reductions in superior court, exercising discretion to impose one undisputed reduction, awarding partial appellate attorney fees, and otherwise affirming with a ministerial remand.

March 17, 2025For

Source: courts.wa.gov · researched July 13, 2026

Judge Ian Birk authored State v. Wilson, reversing a shooting conviction after holding that the defendant's statement that he would have to ask for legal representation unequivocally invoked his Miranda right to counsel and that admission of the later statements was not harmless.

August 5, 2024For

Source: courts.wa.gov · researched July 13, 2026

Sitting in Division III, Judge Ian Birk authored State v. Baggarley, affirming a first-degree-robbery conviction and holding that unpreserved jury-unanimity and criminal-filing-fee issues were not reviewable on the record presented.

September 26, 2023For

Source: courts.wa.gov · researched July 13, 2026

Judge Ian Birk authored State v. McGee, reversing a second-degree-murder conviction because an unlawful seizure tainted evidence used in later warrants and rejecting the State's attenuation and inevitable-discovery arguments under the Washington Constitution.

May 30, 2023For

Source: courts.wa.gov · researched July 13, 2026

Judge Ian Birk authored Salisbury v. City of Seattle, holding that a former police officer presented sufficient evidence to let a jury decide economic damages, clarifying the mitigation instruction, and holding that any damages were offset by disability benefits; the court affirmed in part, reversed in part, and remanded.

January 17, 2023For

Source: courts.wa.gov · researched July 13, 2026