Category: Statutory Construction

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Canon of Presumed Awareness

WA Canons of Statutory Construction: Canon of Presumed Awareness

Under Washington State canons of statutory construction, what is the canon of presumed awareness? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer | Terms of Use | Privacy Policy before proceeding.)

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THE CANON OF PRESUMED AWARENESS

Under the canon of presumed awareness: “The Legislature is presumed to be aware of judicial interpretation of its statutes.” Dailey v. North Coast Life Insurance Company, 129 Wn.2d 572, 581 (Wash. 1996) (Talmadge, J., concurring) (reasoning that the Washington State Legislature “clearly understood it was adopting exemplary damages as part of Washington’s antidiscrimination law when it amended RCW 49.60.030(2) in 1993 and 1995.” (citing Friends of Snoqualmie Valley v. King County Boundary Review Bd., 118 Wash.2d 488, 496, 825 P.2d 300 (1992))).

In Dailey, the majority opinion essentially held that punitive damages are not available for employment discrimination under the Washington Law Against Discrimination, because the legislature has not expressly authorized them. See id at 574-75.

RELATED ARTICLE

Read our related article entitled Presumption of Acquiescence concerning a similar Washington State canon of statutory construction.

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The Ejusdem Generis Rule

The Ejusdem Generis Rule

Under Washington canons of statutory construction, what is the Ejusdem Generis Rule? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. This article may be a repost from one of our retired blogs. Please review our Disclaimer | Terms of Use | Privacy Policy before proceeding.)

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THE EJUSDEM GENERIS RULE

“The ejusdem generis rule requires that general terms appearing in a statute in connection with specific terms are to be given meaning and effect only to the extent that the general terms suggest items similar to those designated by the specific terms. In short, specific terms modify or restrict the application of general terms where both are used in sequence.” Malo v. Alaska Trawl Fisheries, Inc., 92 Wn.App. 927, 930, 965 P.2d 1124 (Wash.App.Div. 1 1998) (citing Dean v. McFarland, 81 Wn.2d 215, 221, 500 P.2d 1244 (1972)) (hyperlink added).

EXAMPLE: MALO v. ALASKA TRAWL FISHERIES, INC.

In Malo, the statute at issue states as follows:

It is an unfair practice for any employer, employment agency, labor union, or other person to discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden by this chapter, or because he or she has filed a charge, testified, or assisted in any proceeding under this chapter.

Id. (citing RCW 49.60.210(1)) (emphasis added).

In this case, there was an issue as to the meaning of the term “or other person.” The court applied two canons: (1) “[p]rovisions in a statute are to be read in the context of the statute as a whole[,]” and (2) the Ejusdem Generis Rule–holding that “the general term ‘or other person’ is restricted by the words ’employer,’ ’employment agency’ and ‘labor union.'” Id. (citing Pope v. University of Washington, 121 Wash.2d 479, 489, 852 P.2d 1055 (1993); RCW 49.60.210(1)).

Thus, “[t]he section, read as a whole, is directed at entities functionally similar to employers who discriminate by engaging in conduct similar to discharging or expelling a person who has opposed practices forbidden by RCW 49.60.” Id. (hyperlink added).

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Presumption of Prospective Application

Presumption of Prospective Application

Under Washington State canons of statutory construction, what is Presumption of Prospective Application? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. This article may be a repost from one of our retired blogs. Please review our Disclaimer | Terms of Use | Privacy Policy before proceeding.)

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THE PRESUMPTION OF PROSPECTIVE APPLICATION

Under the Washington State canon Presumption of Prospective Application, the court “presumes that a statute applies prospectively, unless (1) the legislature intends otherwise, or (2) unless the amendment is remedial in nature.” Loeffelholz v. University of Washington, 175 Wn.2d 264, 271 (Wash. 2012) (internal citations and quotation marks omitted).

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If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

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Agency Rules

Agency Rules

Under Washington State canons of statutory construction, how do courts interpret agency rules–particularly those of the Washington State Human Rights Commission (WSHRC/HRC)? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. This article may be a repost from one of our retired blogs. Please review our Disclaimer | Terms of Use | Privacy Policy before proceeding.)

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“PLAIN MEANING” CANON ALSO APPLIES TO AGENCY RULES

Washington State Human Rights Commission is a state agency. “As is true of statutes, [Washington courts] … interpret agency rules according to their plain meaning.” Mikolajczak v. Mann, 1 Wn.App.2d 493, 498 (Wash.App. Div. 3 2017) (citing Hegwine v. Longview Fibre Co., 162 Wn.2d 340, 349, 172 P.3d 688 (2007)) (hyperlink added). “Each word in an agency rule must be given its common and ordinary meaning, unless the word is ambiguous or defined in the regulation.” Id. (citing Grays Harbor Energy, LLC. v. Grays Harbor County, 175 Wn.App. 578, 584, 307 P.3d 754 (2013)) (internal quotation marks omitted) (hyperlink added).

LIBERAL CONSTRUCTION APPLIED TO WA STATE HUMAN RIGHTS COMMISSION (HRC) RULES

Washington courts also “liberally construe the terms of the [Washington State Human Rights Commission’s] … rules to protect against discrimination.” Id. (citing Phillips v. City of Seattle, 111 Wn.2d 903, 908, 766 P.2d 1099 (1989)).

REGULATORY REDRAFTING PROHIBITED

“However, [courts] … cannot engage in statutory or regulatory redrafting.” Id. (citing Hegwine, 162 Wn.2d at 352, 172 P.3d 688). “If a particular discrimination claim is plainly left uncovered by both the [Washington Law Against Discrimination (“WLAD”)] … and the HRC’s implementing rules, it will not merit relief.” Id. at 498-99.

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If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

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The Harmonizing Rule

The Harmonizing Rule

Under Washington State canons of statutory construction, what is the Harmonizing Rule? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. This article may be a repost from one of our retired blogs. Please review our Disclaimer | Terms of Use | Privacy Policy before proceeding.)

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THE HARMONZING RULE

According to Washington State courts, “[a]pparent conflicts between a court rule and a statutory provision should be harmonized, and both given effect if possible.” Nearing v. Golden State Foods Corporation, 114 Wn.2d 817, 821, 792 P.2d 500 (Wash. 1990) (citing Emwright v. King Cy., 96 Wash.2d 538, 543, 637 P.2d 656 (1981)).

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If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

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The General-Terms Rule

The General-Terms Rule

Under Washington State canons of statutory construction, what is the General-Terms Rule? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. This article may be a repost from one of our retired blogs. Please review our Disclaimer | Terms of Use | Privacy Policy before proceeding.)

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THE GENERAL-TERMS RULE

In Washington State, “[a] general term used at the end of a sequence in a statute is restricted in its application by the preceding words.” Malo v. Alaska Trawl Fisheries, Inc., 92 Wn.App. 927, 930 (Div. 1, 1998).

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If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

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The Plain Meaning Rule

The Plain Meaning Rule

Under Washington State canons of statutory construction, what is the Plain Meaning Rule? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. This article may be a repost from one of our retired blogs. Please review our Disclaimer | Terms of Use | Privacy Policy before proceeding.)

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STATUTORY INTERPRETATION

“Statutory interpretation is a question of law reviewed de novo.” Certification (9th Cir.): Taylor v. Burlington N. R.R. Holdings, Inc., 193 Wn.2d 611 (Wash. 2019). (internal citation and quotation marks omitted).

THE PLAIN MEANING RULE

“Plain meaning is discerned from the ordinary meaning of the language at issue, the context of the statute in which that provision is found, related provisions, and the statutory scheme as a whole.” Id. (internal citation and quotation marks omitted).

AMBIGUOUS STATUTES

“If the statute is ambiguous, the court resorts to principles of statutory construction, legislative history, and relevant case law to assist [the court] in discerning legislative intent.” Id. (alteration in original) (internal citation and quotation marks omitted).

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If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

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