A newcomer to the Snohomish County judicial scene appeared to be heading for a stunning victory over a three-term incumbent judge, according to early election returns on Tuesday.
Eric Lucas, a state administrative appeals judge, had a substantial lead over David Hulbert in one of two contested Superior Court judicial races.
In the second contested race, former deputy prosecutor Michael Downes appeared to have a comfortable lead over opponent Michael Hall of Edmonds.
The defeat of a sitting Superior Court judge is rare in Snohomish County. Longtime judicial observers say they have not seen a sitting judge ousted in at least the last 50 years.
“The only thing I can say is this whole effort has been one where we tried to make an improvement in the system,” an elated Lucas said Tuesday night. Voters often don’t have a choice in judicial races, Lucas added.
“That’s what we were determined to do – give the people a choice,” he said.
Hulbert was dogged throughout the campaign by a claim that a lot of lawyers didn’t want to appear in his courtroom.
Snohomish County clerk records showed that the Lake Stevens resident accumulated 135 affidavits of prejudice in more than four years – nearly as many as all of the 13 other Superior Court judges combined.
An affidavit of prejudice is an attorney’s sworn statement that he or she believes they can’t get a fair trial in that judge’s courtroom.
Lucas campaigned heavily on the affidavits issue and was backed by four retired Superior Court judges – Dennis Britt, John Rutter, Robert Bibb and Joseph Thibodeau.
Downes entered the race a clear favorite. He was Gov. Gary Locke’s choice in July to replace Judge Charles French, who died of pneumonia while undergoing treatment for cancer.
Downes, 52, of Everett, garnered a long and impressive list of endorsements from the governor on down. He’s a 21-year veteran of the prosecuting attorney’s office with a large amount of trial experience, including the prosecution of eight people in the 2002 shooting death of Rachel Burkheimer, 18, of Marysville.
“I’m so happy this is over,” Downes said about the series of time-consuming Burkheimer trials and the campaign. “It’s nice to be in a place where I’m thrilled with the results and very happy and appreciative of the public display of support.”
Hall, on the other hand, battled for name recognition outside his home city of Edmonds, where he served one term as a City Council member.
Reporter Jim Haley: 425-339-3447 or haley@heraldnet.com.
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