Crowded race for vacant court seat

EVERETT — Without a primary election to whittle down the list of candidates, Snohomish County voters aren’t short on choices for the next Superior Court judge.

Five men are vying for the position in November’s general election. The seat was left vacant by the unexpected resignation of Judge James Allendoerfer. The longtime jurist retired in July to battle brain cancer. He died a couple weeks later.

There wasn’t enough time to put the race on the ballot for the primary election. State law, however, allows for candidates to run for the position in the general election without a primary.

That means the next Superior Court judge could take the seat with less than half of the votes. He could win with a little more than 20 percent of the votes.

The top vote-getter will fill the remaining three years of Allendoerfer’s term. The nonpartisan position pays $148,832.

Dave Hulbert

Hulbert served 12 years as a judge in Superior Court before he was ousted by voters in 2004, losing his seat to Judge Eric Lucas. Hulbert attempted to reclaim a seat on the bench last year but couldn’t defeat Lucas.

Hulbert said he has more legal experience than any of his opponents. He’ll be ready for the job from the start, he said.

Hulbert was deputy prosecutor in the early 1980s and later ran a private practice. He was first elected to the bench in the 1993.

“We’re going to work right after the election. People need someone to step in day one and go to work,” he said.

His opponents criticized Hulbert’s performance when he was judge. They point to 134 affidavits of prejudice that lawyers filed against Hulbert the last 4 ½ years he was on the bench. All other judges combined received 145 affidavits in the same period, clerk records show.

Under court rules and state law, attorneys can disqualify a judge from hearing a case without stating a reason. Lawyers sometimes seek these affidavits because they don’t think their client will get a fair trial in front of the assigned judge. Fairness isn’t always the reason affidavits of prejudice are filed. They can be used as a tactic to delay a trial or a lawyer may believe a case will play better in another judge’s court.

“I’m absolutely convinced it had nothing to do with my performance,” Hulbert said. “I had a reputation for being tough on crime, but people knew they could get a fair trial with me.”

Hulbert said he is a natural decision-maker and believes in treating each person in front of him as an individual.

He had his own run in with the law in 1994. He was convicted of misdemeanor negligent driving in connection with an alcohol-related offense. Hulbert said he chose to use his mistake to make improvements in his life.

“As a judge we expected people who have problems to take a lesson and improve on them,” he said. “Why would I expect anything less of myself?”

Hulbert said he hasn’t been seeking endorsements from elected officials. He said his greatest endorsements come from the thousands of people who voted for him in the past. The position is nonpartisan and shouldn’t be decided by party politics, he said.

“I trust the future of the judiciary to the people rather than the back rooms of the political process every time,” Hulbert said.

For more information, go to www.electjudgehulbert.net.

Scott Lord

Lord is running a campaign between his two jobs — a Snohomish County deputy prosecutor in the family support division and owner of The Majestic Cafe in downtown Everett.

Lord said his broad experience sets him apart from the other candidates. He joined the prosecutor’s office in 1992 and was the first deputy prosecutor for the county’s drug court. He resigned from his deputy prosecutor job in 2003 to seek more diverse legal experience. He ran a private practice from 2004 to 2006 and served as a pro tem judge and commissioner in Juvenile Court.

Lord opened his eatery in 2005. Two years later he returned to the prosecutor’s office, where he primarily handles paternity and child support enforcement cases.

Lord said he has a good eye for assessing problems and finding solutions.

“A judge has to be able to see the problem, have a good understanding of the law and the knowledge to find an answer,” he said.

He was the first person to go to college in his family and knows the value of hard work, he said.

“I’ve shown that I can produce a tremendous amount of quality work,” Lord said.

His time at the prosecutor’s office has prepared him to make decisions on a daily basis, he said. Owning a small business gives him real-world experience that most lawyers don’t have, Lord said.

“It gives me experience outside of the courthouse to understand people,” he said. “It doesn’t mean I wouldn’t rule on the facts of the law. It could mean I’d listen differently. People want to be heard.”

Lord said he would do what he could to expand drug court in Snohomish County. He believes the program is going to be crucial as the state releases thousands of prisoners early to address budget shortfalls.

Drug court “works to fix the problem without coddling the offender,” Lord said. “My goal would be to increase drug court as much as possible.”

Lord doesn’t list any endorsements on his Web site. The short campaign cycle and working two full-time jobs has made it difficult to seek endorsements, he said.

For more information, go to www.scottlordforjudge.com.

Scott Peterson

Peterson, an Everett civil attorney, said his winning record in the state Court of Appeals proves that he knows the law and he’s not afraid to stand up for the average citizen.

“I have a track record of making the right decisions when the trial court doesn’t get it right,” he said.

Peterson has worked as a public defender at the Regional Justice Center in Kent, representing people charged with misdemeanors, he said.

The bulk of his practice is real estate law. He said he also works pro bono for people who have been wrongly evicted or deprived of their property rights. He has won nine of the 10 cases that he’s taken to the state Court of Appeals, he said.

Judges need to make the right decisions to save taxpayers money, Peterson said, adding part of arriving at the right decision is listening to all sides.

Peterson said he would seek an appointment on the judge’s committee that oversees the county’s five court commissioners, who are appointed by the Superior Court bench. He said he would like to address some of the complaints he has heard from his clients.

People want the commissioners to listen to them before making decisions, Peterson said*.

Peterson* currently is representing thousands of clients in two class-action lawsuits. The most recent was filed on behalf of people he believes were wrongfully evicted by an Everett landlord.

Before going to law school, Peterson worked for the Federal Aviation Administration as an air traffic controller in Chicago, he said.

“I’m a lot quicker at making important decisions and used to the pressure,” Peterson said.

Peterson said he is grateful the next Superior Court judge is being selected by voters and not simply appointed.

“It’s a real chance for the citizens to make the decision,” he said.

To learn more about Peterson, go to www.scottpetersonforjudge.com.

Rico Tessandore

Tessandore said his diverse legal experience, work ethic and demeanor give him the edge over his opponents.

Since 2005 Tessandore has worked at a Bellevue law firm that provides in-house counsel for Farmers Insurance.

He was a Snohomish County deputy prosecutor from 2000 to 2005. Tessandore left the office to gain more experience in civil law, he said.

He has been a pro tem judge in district and municipal courts. He also is a pro tem judge in Superior Court. Tessandore also has experience as an arbitrator.

“No one is going to work harder then me,” he said.

He was raised by a single parent and has been working since he was 15, Tessandore said.

“You want a candidate who works hard, has integrity and is willing to listen,” he said. “You need someone who renders decisions in a fair and impartial manner.”

Tessandore said his experience as a pro tem judge and arbitrator proves that he meets those qualifications. He also said he has the demeanor to be an effective judge. A judge should show respect to all litigants, he said.

Tessandore is president of the Snohomish County Bar Association and belongs to the Board of Trustees for the Sno-Isle Library System.

He has endorsements from half of the Superior Court bench. He also is being endorsed by Attorney General Rob McKenna and several local elected officials. Law enforcement and firefighter unions also are supporting Tessandore. He is endorsed by the Snohomish County Deputy Sheriff Association, Washington State Patrol Trooper Association and the Snohomish County Prosecuting Attorneys’ Union.

Tessandore was ranked as the top preference among the 187 lawyers who voted in the Snohomish County Bar Association’s poll. The Snohomish County Chapter of the Washington Women Lawyers found Tessandore well-qualified in a judicial evaluation.

For more information about Tessandore, go to www.ricoforjudge.com.

Joe Wilson

Wilson said his legal and life experience make him the most qualified candidate in the race.

He has owned his own private law office in Everett since 1995. He represents people in criminal, family and real estate cases. Wilson serves as a pro tem judge in district courts. He also is a member of the Tulalip Tribal Bar and has tried cases in tribal court. He’s tried cases in the state Court of Appeals and state Supreme Court.

“I’ve tried and tested every area of the law,” Wilson said. “I know the legal system inside and out.”

He has to know the law in order to make quick decisions about what cases to take to support his business, Wilson said.

Wilson also believes his volunteer work gives him a greater understanding of the community. Since 1996 he has volunteered with Snohomish County Legal Services, providing free legal advice on civil matters for people who can’t afford to hire a lawyer. He also has been on the board of Domestic Violence Services since 1996.

“It gives me more experience to draw from in making decisions,” Wilson said.

Wilson also has had a contract with Snohomish County since 1996 to provide legal counsel to people being admitted to inpatient drug and alcohol treatment at a center in Skagit County.

Wilson acknowledged his own troubles with alcohol. He was convicted of drunken driving in 1984 and 1986. He also was charged with drunken driving in 1995. That charge led to a negligent driving conviction.

“I’m not proud of those. I don’t think it defines me as an individual though,” Wilson said. “Some may think it disqualifies me. I don’t believe it does. It gives me insight that others may not have. It doesn’t change my resume and the fact that I’ve tried cases at every level of the court and that I’m involved in community affairs.”

Wilson said he’s been sober for about 10 years.

He is being endorsed by nine current Superior Court judges. Wilson is endorsed by Snohomish County Executive Aaron Reardon, Sheriff John Lovick and Everett Police Chief Jim Scharf. He also is being supported by labor and firefighter unions.

To learn more about Wilson, go to www.joewilsonforjudge.com.

Diana Hefley: 425-339-3463, hefley@heraldnet.com.

Superior Court Judge candidates

Dave Hulbert

Age: 57

Occupation: Private mediator

Hometown: Snohomish

Scott Lord

Age: 47

Occupation: Snohomish County deputy prosecutor in the family support unit and owner of The Majestic Cafe in Everett

Hometown: Everett

Scott Peterson