Jessie Stensland reports from Island County Superior Court for the Whidbey News-Times. Read the whole story.
The visiting judge in a civil case challenging a mask mandate at the Island County Elections Office didn’t hesitate to express irritation or admonish attorneys during a hearing Tuesday morning.
While [Judge Joseph Wilson, a Snohomish County judge assigned the Island County case,] made rulings in a few motions from the bench, he said he would need time to analyze the arguments and write decisions in the two major motions before him. Namely, the plaintiffs’ attorney Austin Hatcher filed a motion for a preliminary injunction to prevent the Elections Office from enforcing the mask mandate, and Island County Prosecutor Greg Banks filed a motion to dismiss the preliminary injunction request.
Hatcher is representing Tim Hazelo, the former chair of the Island County Republican Party, and Tracy Aduhl, the former vice chair….
The hearing Tuesday morning was marked by pointed exchange between the judge and attorneys.
They Said It
Yet while [Wilson] admitted he didn’t entirely understand why the case created such a charged atmosphere, he said the arguments were not frivolous and that there are actions he has reasonable questions about.
“I think the issue is going to come up again,” he said, “and I think that a resolution of this particular dispute needs to be had.”
He said the “fairly precise question” that needs to be resolved in whether the Island County auditor, who runs elections in the county, has the authority to require observers to wear masks.
“Again, it’s just a really simple question,” the judge said. “Does the auditor have the authority to impose rules? I kind of think she does. The question is, did she do so in this instance, so that everyone was on notice and signed and agreed? That’s the trouble I am having here.”
Wilson criticized Hatcher for including five-year-old posts of a political nature from Island County Banks’ personal Facebook page in a document filed with the court and ordered them to be stricken.
“Your materials are unnecessary and unprofessional and they belittle the profession of an attorney,” Wilson said, “and you shouldn’t have submitted them and you know that. It was gratuitous and done to take a shot at somebody individually.” Hatcher said this was not his intention, but the judge said “of course it was” or he wouldn’t have done it.
Wilson was also critical of Banks for including in a motion a declaration from Auditor Sheilah Crider that erroneously stated Hazelo signed rules that included the mask requirement.
“Is there a reason then that the auditor submitted a declaration under penalty of perjury, under the supervision of the county prosecuting attorney authority, that misstated a critical fact in this case?” he asked. Banks conceded that the declaration was incorrect and was included in the filing by accident.
During the hearing, Wilson warned the members of the gallery who came in support of Hazelo and Abuhl to put their phones away, not to record the hearing, to be quiet and not to make faces…. The judge later stopped the hearing when people were hissing while Banks was speaking and sternly warned the gallery members that he would kick them out if they abused the privilege of watching the proceedings.
“I am not Judge Judy and I will not allow audience participation,” Wilson said.
Ed. Note: See also our previous posts. Mr. Hazelo is currently the state committeeman for the Island County Republican Party.
- ISLAND COUNTY: Prosecutor asks for sanctions in Elections Office mask case (Mar. 21, 2025)
- ISLAND COUNTY: Hazelo pleads ‘innocent’ to disturbing Elections Office (Mar. 7, 2025)
- ISLAND COUNTY: Election room mask mandate faces challenges (Feb. 25, 2025)
- ISLAND COUNTY: Felony charged in Elections Office mask case (Feb. 7, 2025)
- ISLAND COUNTY: New charges filed in Elections Office mask case (Jan. 3, 2025)
- ISLAND COUNTY: Motion to unmask Elections Office fails (Nov. 8, 2024)
- ISLAND COUNTY: Police escort unmasked observer from elections office (Oct. 29, 2024)
