Johnson v. Inslee

Summary

The Washington Supreme Court held that a challenge to Governor Jay Inslee’s COVID-19 vaccination proclamations was required to be venued in Thurston County under RCW 4.12.020(2). The court concluded that the governor issued the proclamations in virtue of his office and that the cause of action arose in Thurston County, where the proclamations were issued. The court reversed the Franklin County Superior Court’s denial of the motion to change venue and remanded with directions to transfer the action.

Holdings

1. A cause of action challenging a public officer's official act arises in the county where the act itself was performed. Because the governor issued the challenged proclamations in Thurston County, mandatory venue was in Thurston County Superior Court.
2. An official act remains an act performed 'in virtue of' the officer's office for purposes of RCW 4.12.020(2) even when the plaintiff alleges that the act exceeded constitutional authority or was unlawful.

Questions Presented

1. Where did Johnson's cause of action challenging the governor's proclamations arise under RCW 4.12.020(2)?
2. Were the governor's proclamations acts performed 'in virtue of' his office for purposes of the mandatory venue statute, notwithstanding Johnson's allegation that the proclamations were unconstitutional?

Disposition

reversed_and_remanded