Introduction to Basic Legal Citation - access-to-law home

. . . .
14 The Department argues that its statutory interpretation is entitled to judicial deference.
While we give great deference to how an agency interprets an ambiguous statute within its
area of special expertise, “such deference is not afforded when the statute in question is
unambiguous.” Densley v. Dep't of Ret. Sys., 162 Wn.2d 210, 221, 173 P.3d 885 (2007). The
Department's argument for deference is a difficult one to accept, considering the Department's
history interpreting the exemption. Initially, and shortly after the statutory enactment, the
Department adopted an interpretation which is at odds with its current interpretation. One
would think that the Department had some involvement or certainly awareness of the
legislature's plans to enact this type of statute. As a general rule, where a statute has been left
unchanged by the legislature for a significant period of time, the more appropriate method to
change the interpretation or application of a statute is by amendment or revision of the statute,
rather than a new agency interpretation.
. . . .
Wash. Gen. R. 14,
http://www.courts.wa.gov/appellate_trial_courts/supreme/?fa=atc_supreme.styl
e.
14. Format for Pleadings and Other Papers
. . . .
(d) Citation Format. Citations shall conform with the format prescribed by the Reporter of
Decisions. (See Appendix 1.)
The opening brief of appellant shall contain:
(a) A table of contents and table of authorities with cases alphabetically arranged. Citations of
all authorities shall include the year thereof.
Note: While a prior rule requiring that citations in a brief conform to the form used in the
current volumes of the Washington Reports has been rescinded, the style sheet of the state's
Office of Reporter of Decisions continues to be a useful guide. The Bluebook is largely
incorporated by reference, modified by a set of local abbreviations in the Appendix 1 to Rule
14(d), http://www.courts.wa.gov/appellate_trial_courts/supreme/?fa=atc_supreme.style.
A 2004 order of the Washington Supreme Court directs the publisher of Washington appellate
decisions to add paragraph numbers to them. Order No. 25700-B-447,
http://www.courts.wa.gov/appellate_trial_courts/supreme/?fa=atc_supreme.paraOrder. The
order authorizes but does not require the use of those paragraph numbers for pinpoint
citations. "After an opinion is published in the official reports, a pinpoint citation should be
made to page numbers in the official reports, to paragraph numbers from the official reports,
or to both." Id.
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