Nearly every judge can expect an affidavit of prejudice to be filed against him or her at some point in their career. Some receive more than others. But when one judge accumulates nearly as many affidavits of prejudice in a given time period as all his fellow judges on the court combined, it suggests a problem.
We disagree with Judge David Hulbert’s assertion that the 134 affidavits filed against him since 1999 are a sign of his tough stance on crime. Rather, it appears to represent a troubling lack of confidence in him. We recommend voters give his opponent, Eric Lucas, a chance to prove himself as a Snohomish County Superior Court judge.
Determining exactly what these affidavits mean is difficult for those of us who don’t deal with court-related issues every day. The legal documents are filed when attorneys don’t believe their client can get a fair trial in a particular courtroom.
Hulbert’s argument that he gives tougher sentences to people convicted of sex crimes as an explanation to why he receives so many affidavits of prejudice is insulting to his fellow judges and wrongly paints them with a broad “soft on crime” brush.
A blanket affidavit of prejudice against Hulbert from the Attorney General’s office regarding child dependency cases has left him unable to serve as judge for the juvenile court. That’s another indication of a real problem.
Hulbert argues that the effort to unseat him is politically motivated and that Lucas was “lying in the weeds” waiting to file against him, but we could find no evidence that Lucas’ challenge is an attempt to remove a judge with particular political beliefs.
Lucas is unknown to many of the local lawyers who voted in a recent Bar Association poll, yet he still scored higher than Hulbert. About 30 percent of the eligible attorneys expressed a preference. Lucas’ experience includes work as a King County prosecutor, a pro tem judge for Snohomish County Superior Court from 1999 to 2002, and a city attorney and administrator for the City of Langley. He currently serves as an administrative appeals judge for the boards of the Environmental Hearings Office near Olympia.
Given his broad experience, Lucas appears to have what it takes to become an effective judge. If he draws wisdom from the court’s other fine judges, he’ll succeed.
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