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, 2026Supports Civil Rights

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, 2025Supports Civil Rights

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, 2025Supports Civil Rights

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, 2024Supports Civil Rights

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, 2023Supports Civil Rights

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

Wrote the appeals court opinion in Libri v. First National Insurance, a dispute over underinsured-driver coverage. The court cut the award by $25,000 for the at-fault driver's insurance, refused the insurer's other requested cut, and gave the insured part of his appeal legal fees.

March 17, 2025

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

Wrote the state appeals court opinion upholding Nick Baggarley's first-degree robbery conviction. Ruled that his two complaints, about jury agreement and a $200 court filing fee, could not be reviewed because he never raised them at trial (State v. Baggarley, No. 39021-7-III).

September 26, 2023

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

Wrote the state Court of Appeals opinion in Salisbury v. City of Seattle, letting an injured former Seattle police officer take his lost-earnings claim to a jury. The court also held his damages must be cut by the police and firefighter retirement benefits he received or could receive.

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, 2026Favorable on Impartiality

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, 2026Favorable on Legal Competence

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, 2025Favorable on Legal Competence

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

Wrote the appeals court opinion in Libri v. First National Insurance, a dispute over underinsured-driver coverage. The court cut the award by $25,000 for the at-fault driver's insurance, refused the insurer's other requested cut, and gave the insured part of his appeal legal fees.

March 17, 2025Favorable on Legal Competence

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

Wrote the state appeals court opinion upholding Nick Baggarley's first-degree robbery conviction. Ruled that his two complaints, about jury agreement and a $200 court filing fee, could not be reviewed because he never raised them at trial (State v. Baggarley, No. 39021-7-III).

September 26, 2023Favorable on Legal Competence

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, 2023Favorable on Legal Competence

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

Wrote the state Court of Appeals opinion in Salisbury v. City of Seattle, letting an injured former Seattle police officer take his lost-earnings claim to a jury. The court also held his damages must be cut by the police and firefighter retirement benefits he received or could receive.

January 17, 2023Favorable on Legal Competence

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