LEVERAGING THE STATE CONSTITUTION TO CHALLENGE RACIALIZED DISCRETION IN WASHINGTON’S JUVENILE TRANSFER SYSTEM
Volume 98, No. 4, Summer 2026
By Melissa Lee & Jessica Levin [PDF]

In jurisdictions around the country, the criminal punishment system disproportionately impacts children of color at every stage: during arrest, diversion, and incarceration, and, most importantly for this Essay, during prosecution of children in adult court—which is among the most severely disproportionate aspects of the system. While the dominant narrative is that adult court prosecution functions as a narrow exception to juvenile court jurisdiction for only the most serious cases, its impact is nonetheless devastating. The Civil Rights Clinic, a project of the Center for Civil Rights and Critical Justice at Seattle University School of Law, has prioritized working to end the prosecution of children in adult court because the practice is a profound racial justice problem. The practice is also out of step with adolescent brain science and contributes to mass incarceration. Importantly, it is an area of criminal procedure ripe for systemic challenges under the Washington State Constitution, where in other areas the Washington state high court has made remarkable strides.