October 28, 2005
Here comes the judge

We've recently been reminded (repeatedly) of just how important it is to elect good judges, and of how frequently we don't. Snohomish county voters, though, have an opportunity to do just that on November 8.

Due to the tragic death of Justice Faye Kennedy just after the primary, a Snohomish County seat has opened on the State Court of Appeals. The seven-person race is winner take all, and it's wide open. The choice, however, seems clear to me: Judge David Hulbert.

Judge Hulbert has everything you could ask for in a judge--more judicial experience (12 years as a superior court judge) than any of his opponents, a committment to and record of judicial restraint, and endorsements from all the right people: State Supreme Court Justice Jim Johnson, Dino Rossi, Senator Slade Gorton, the county GOP and others. From my short interaction with him, he's also possesed of a down-to-earth common sense that is sorely lacking in much of our legal system. You can find out a bit more about him here and here.


We've all seen how those judicial races that no one pays attention to can have serious consequences. Now we have a chance to pay attention and make a difference--seriously, folks, vote for Judge David Hulbert on November 8.

Cross posted at The Flag of the World.

Posted by Timothy Goddard at October 28, 2005 11:04 PM | Email This
Comments
1. JUDGE David Hulbert? Don't you mean FORMER Judge David Hulbert? The fellow that the voters of Snohomish County turned out on his rear end in the 2004 election? His former Position 8 on the Snohomish County Superior Court is now occupied by JUDGE ERIC LUCAS, who beat him by 59.29% to 40.47% in the 2004 election.

http://www.co.snohomish.wa.us/documents/Departments/auditor/elections/results/0904.pdf

Posted by: Richard Pope on October 28, 2005 11:41 PM
2. And here is another place to find out more information about FORMER Judge David Hulbert:

http://archives.seattletimes.nwsource.com/cgi-bin/texis.cgi/web/vortex/display?slug=1941262&date=19941111&query=hulbert+drunk

Friday, November 11, 1994

Judge To Lose His Driver's License -- Official Says Refusing Breath Test Led To Ruling

Diane Brooks

LYNNWOOD - A Snohomish County Superior Court judge will lose his driver's license for a year - effective next month, unless he appeals - for refusing to take a breath-alcohol test.

Judge David Hulbert was stopped in August by two Lake Stevens reserve officers who decided they had cause to arrest him even though he refused to perform field-sobriety tests.

They then took him to Snohomish for a breath test, but when Hulbert refused to take it, he was released.

Hulbert later was charged with negligent driving, and he paid a $128 fine.

Yesterday, Hearing Officer Stephen Lang of the state Department of Licensing ruled the officers had probable cause to arrest Hulbert, who denied he was drunk. Hulbert provided evidence of a medical condition that could cause false high readings on breath tests.

"I think (the officers) did have grounds for forming the opinion that you were driving under the influence of alcohol," Lang told Hulbert.

However, Lang also said Hulbert and his two attorneys presented "very credible evidence" that he may not have been impaired that night. But because he was properly arrested and advised of his legal rights, his refusal to take the breath test means his license must be revoked.

One of Hulbert's attorneys, Harry Platis of Lynnwood, later said he favored appealing Lang's ruling to Snohomish County Superior Court.

"We'll discuss it later," Hulbert told Platis. "That decision is yet to be made."

On the night of his arrest, Hulbert had just left a wedding reception where he'd performed the marriage ceremony. It was after 11 p.m., and Hulbert said he'd had three or four beers over four or five hours.

Reserve Officer Milo Stroud, who works for Granite Falls police but was on loan that night to Lake Stevens, testified he began following Hulbert's car after Hulbert passed him without dimming his high-beam headlights.

Stroud said he pulled him over after watching him cross the center divider four times. When stopped, Hulbert had some difficulty locating his driver's license, and Stroud could smell alcohol even though the top on Hulbert's convertible was down.

Stroud later noted that Hulbert's eyes were bloodshot and that he had a white pasty coating on his tongue, which can be an indication of intoxication.

Hulbert and his attorneys presented photos of the narrow two-lane road, arguing it's not unusual for drivers to cross the center line.

He also presented a letter from his Everett physician stating he suffers from "a sliding hiatal hernia," which causes him to regurgitate.

Hulbert said he didn't take the breath test because that condition could cause him to have a higher alcohol content in his mouth, which would in turn cause a high breath reading.

Hulbert also said he was chewing Tums that night because of his gastric problem and maintained that's what caused the white coating on his tongue.

Stroud said Hulbert did not stagger, stumble or slur his speech.

Posted by: Richard Pope on October 28, 2005 11:45 PM
3. Thanks Richard Pope. Judge Lucas is a friend so we voted for him. But that said, it will be easy for us to evaluate Judge Hulbert for this position. In the Everett Herald last year he mentioned that he didn't campaign effectively against Lucas. Maybe he underestimated him.

Posted by: Puddybud on October 29, 2005 06:52 AM
4. Anyone with an endorsement from Slade I am walking away from. Sly Slade ya right a "republican". Able Danger Come again Slade...and yes thanks RP for the reminder...now I know why I had a weird reaction to his name.

Posted by: Col. Hogan on October 29, 2005 08:44 AM
5. More than one candidate for a judge seat??? - since when??

Posted by: Bill on October 29, 2005 09:39 AM
6. You don't keep your CDL with a DUI, I'm not sure why a judge should be any different. He can be as correct as the day is long on the bench-- (unlike the liberal lap dog bozo ruling on I912 in Thurston) but if he wishes to serve the public, it has to be in some other capacity.

That said- careful about who you recommend- activists are dangerous and ruin lives one at a time.

Posted by: Andy on October 29, 2005 09:42 AM
7. You're still called 'judge' after losing an election. Carter is still President Carter, etc. And, as Puddybud alluded to, that loss had nothing to do with him getting "turned out on his rear." It was sloppy campaigning--in particular, neglecting to get his statement into the voters pamphlet on time. But we don't elect judges to campaign, and Hulbert is the only conservative in this race.

Meanwhile, if you're not voting for anyone endorsed by Slade Gorton, should I assume you don't ever vote for Republicans? Because those are the folks he tends to endorse. In particular, I assume you didn't vote for Rossi, who also endorsed Hulbert.

My word Richard--digging up things from over a decade ago? I think you're on the wrong local politics blog for that.

Posted by: Timothy on October 29, 2005 10:45 AM
8. Bill-- because Judge Kennedy died after the primary, it's winner take all.

Posted by: Timothy on October 29, 2005 10:47 AM
9. However, Lang also said Hulbert and his two attorneys presented "very credible evidence" that he may not have been impaired that night. But because he was properly arrested and advised of his legal rights, his refusal to take the breath test means his license must be revoked.

I'm in Renton, so I have no dog in this fight... but come on, his license was revoked for refusing the breathalizer, not for DUI. His was found guilty of negligent driving-- a misdemeanor-- not driving under the influence. Stupid of him to do, yes... but it's not the same as driving drunk.

Posted by: Mike H on October 29, 2005 11:08 AM
10. Col. Hogan - I'd see you a slade and raise you a Dino, but, like Mike H, don't get to vote on this one.

Who's he running against?

Posted by: alphabet soup on October 29, 2005 12:06 PM
11. This thing is problematic. The R's are supporting David, who, no pun intended, is a fine guy to have a beer with, but I was on jurys in his courtroom twice, and I voted for Lucas.

Not only that, but his campaign signs say "judge" which is misleading if not illegal.

Now the problem is, all the other folks are liberal as hell. Deputy Prosecutors for DV "crimes" and the like.

Where, oh where, is that "none of the above" box.

The Geezer

Posted by: The Geezer on October 29, 2005 10:02 PM
12. Hulbert's latest advertising says thathe is endoresed by the Washington State Constitutional Law Society. Does anyone know who or what that is?

Posted by: Dennis on October 30, 2005 08:45 PM
13. Fine is endorsed by all those liberal judges we complain about.

What are the options over Hulbert? There sure ain't a lot of info out there to select.

Posted by: baffles on October 31, 2005 07:32 AM
14. ALL THIS HEMMING AND HAWING IS WHY WE RARELY ELECT GOOD JUDGES. No one is perfect, but Hulbert is the best.

Hulbert is endorsed by Justice Jim Johnson.

Hulbert :

1. Supports the state constitution's superior protections for property rights. He criticised the recent Monorail E.D. case. ***Can you name another candidate who has the courage and common sense to do that?***

2. He's tough on crime. Particulalry sex crimes and crimes against women. This manifests itself in longer sentences, not imbalanced rulings, proving he's fair.

3. He is much more experienced than his opponents. 12 years on the Superior Ct. Bench.

Hulbert is the best candidate by a wide margin, not perfect, but damn good on everything that matters if you love the constitution and personal freedom.

If you live in Snohomish County vote Hulbert and tell a friend.

Posted by: Court Watcher on October 31, 2005 09:25 AM
15. The Herald came through with their recommendations. Hulbert did real well considering 125 lawyers gave him a no confidence vote. And he still came in fourth.

My question is whether the negative vote by lawyers is a good thing or bad thing and why.

Posted by: baffles on November 1, 2005 07:30 AM
16. Hulbert does not compare to Dwyer's 2 judge of the year awards, and endorsements from Gov. Locke, Sen. Cantwell, 2 U.S. representatives, 10s of local and county officials, and 171 judges from across the state (urban and rural)including 8 current or retired supreme court justices.

In regards to Hulbert's DUI. He received time off from work to go to inpatient treatments. Then he came back to work and continued to drink. How is this the type of role model we want on our court?

Lets keep Hulbert a "retired" judge!

Posted by: the truth starts here on November 4, 2005 01:22 PM
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