Davis v. Cox, 180 Wn. 2d 934

Summary

The Washington Supreme Court held that Washington's 2010 anti-SLAPP statute, RCW 4.24.525, violated the state constitutional right to trial by jury. The court concluded that the statute required trial courts to resolve factual disputes and adjudicate the likelihood of success on claims without a trial, rather than applying a summary-judgment standard. The court invalidated the statute, reversed the Court of Appeals, and remanded for further proceedings.

Holdings

1. RCW 4.24.525(4)(b) requires the trial court to weigh the evidence and make a factual determination whether the responding party has established by clear and convincing evidence a probability of prevailing; it does not establish a summary-judgment procedure.
2. RCW 4.24.525(4)(b) violates article I, section 21 of the Washington Constitution because it requires a trial judge to resolve disputed material facts and dismiss nonfrivolous claims without a jury trial.
3. The unconstitutional provisions of RCW 4.24.525 are not severable, so the anti-SLAPP statute is invalid as a whole.

Questions Presented

1. Whether RCW 4.24.525(4)(b) requires a trial court to weigh evidence and determine whether a plaintiff has shown by clear and convincing evidence a probability of prevailing, rather than applying a summary-judgment standard.
2. Whether RCW 4.24.525(4)(b) violates article I, section 21 of the Washington Constitution by requiring a trial judge to resolve disputed material facts without a jury trial.
3. Whether the unconstitutional portion of RCW 4.24.525 is severable from the remainder of the anti-SLAPP statute.
4. Whether the court should resolve the plaintiffs' additional challenges under separation of powers, access to courts, the First Amendment petition clause, and vagueness principles.

Disposition

reversed_and_remanded