ISLAND COUNTY: Judge denies motion to disqualify prosecutor in mask case
Jessie Stensland reports from the Island County Superior Court for the Whidbey News-Times. Read the whole story.
Summary by Perplexity AI
A judge in Island County Superior Court refused to disqualify Prosecutor Greg Banks from the criminal case against former Island County GOP Vice Chair Tracy Abuhl, who is accused of unauthorized access to a voting center, disorderly conduct, and first-degree criminal trespass after allegedly refusing to wear a mask during 2024 ballot counting. The ruling follows related proceedings against former party chair Tim Hazelo, previously convicted of similar charges and appealing both his conviction and the dismissal of a civil suit he and Abuhl filed. While finding no sufficient conflict of interest to remove Banks, Judge Christon Skinner criticized his handling of discovery, ordered a detailed privilege log and in camera review of documents, directed Auditor Sheilah Crider to obtain independent counsel on attorney‑client privilege, and vacated the January 27 trial date.
They Said It
[Defense attorney Joel] Ard argued that [Banks’] “duties [representing the state in the criminal case and representing Crider and the county in the civil lawsuit] are irreconcilable and that the conflict has already manifested in selective document production and inadequate discovery responses.”
Banks countered that there is no conflict because, among other reasons, the interests of the state and the auditor are aligned.
“According to this view,” Skinner wrote in his Dec. 31 decision, “there is no material limitation on Mr. Banks’s ability to represent either client because success for one client means success for the other.”
Skinner wrote in his Dec. 31 decision that both positions have merits, but he resolved that disqualification is too drastic a remedy.
“The court is mindful that Mr. Banks is an elected official chosen by the voters of this county to exercise prosecutorial discretion and that courts should be cautious about displacing elected prosecutors absent compelling justification,” Skinner wrote.
In addition, he wrote that Banks made unilateral decisions about what documents to withhold because of attorney-client privilege. The judge noted that the privilege belongs to the client, not the attorney.
“The auditor, not Mr. Banks, has the right to decide whether to assert or waive privilege with respect to her communications,” Skinner wrote.
“The purpose of this requirement [for Crider to obtain her own attorney],” Skinner wrote, “is to ensure that the auditor receives objective legal advice regarding her privilege rights without the complication of her attorney’s concurrent role as prosecutor.”
