I served as a Snohomish County Superior Court Judge from 1972 until 1989 and came to know Royce Ferguson and Dave Hulbert. I respect Royce but was surprised and disappointed by his statements published in The Herald on Aug. 2 (“Judge Hulbert: He’s known for being ‘fair but firm’”).
To be so cavalier as to say an “affidavit of prejudice” is just a “piece of paper… which simply states that the party wants a different judge” misstates the law and could have the unfortunate consequence of misleading your lay readers at election time. In fact, the statute permitting such affidavits demands a sworn statement under oath, usually by the attorney, that he believes the subject judge is “so prejudiced against him or his client” that “they cannot have a fair and impartial trial” (R.C.W. 4.12.050).
As reported in The Herald on July 27, Mr. Hulbert was named in almost the same number of such affidavits (134) as the remaining 13 judges combined (145). Royce suggests this gross disparity is solely the result of Mr. Hulbert’s “fair but firm” criminal sentences and indirectly applies that most, if not all, of the other judges are known as “guaranteed to be easy” on convicted felons. Such theory is a slap in the face to Snohomish County’s judges, overlooks the fact that 33 of Mr. Hulbert’s disqualifications were in non-criminal matters and ignores the allegations in his 134 affidavits.
The harsh accusations contained in such affidavits are not lightly sworn to by attorneys and no reasonable judge would casually shrug them off as Mr. Hulbert appears to do when he says it’s because “I give tougher sentences for sex crimes … my badge of honor.”
I do not know Eric Lucas and no one has solicited this letter. Before the September primary I will review his resume and make other inquiries. Unless something significantly adverse appears, I will vigorously support and endorse his election.
DENNIS J. BRITT
Everett
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