01/08/2007: "Will SJC Have A New Judge…and A New PA??"

As previously reported in The Island Guardian ( "A Local Judge For SJC?" ), San Juan County has a good chance of having it's own judgeship, and already names are being mentioned as potential candidates for the position.

One might expect the position would be filled by one of the local judges, such as current District Court Judge Stewart Andrew; former judge -and still an active attorney- John Linde; Pro-Tem and Juvenile Court Judge Don Eaton; or past Municipal Court Judge for Friday Harbor (back when they had a judge) Carla Higginson. So far both Linde and Eaton, have expressed a strong interest, and have told The Island Guardian they are exploring the possibility and researching how the new judgeship would be operated and funded.

It is not necessary to have judicial experience to seek the position. Any attorney is eligible to step forward and say "select me!", and to the surprise of some, and to no surprise to others, current SJC Prosecutor Randy Gaylord has done just that. Gaylord has said he is interested in being the new judge; and according to some sources is already actively working toward that end. If Gaylord does end up being either appointed -or elected- to the position of judge, SJC will need a new Prosecuting Attorney, and that position would be filled by direct appointment from the six sitting member County Council (one of whom, Gene Knapp, is himself a former SJC Prosecuting Attorney).

Gaylord's interest in the position raises some interesting questions

Governor Gregoire is on record as stating the appointment of a judge is both an honor and a serious responsibility, and according to her official position on the process that would be followed in making an appointment, her office would review evaluations form a wide variety of sources, including the obvious ones, such as The Washington State Bar Association, and also "the thoughts of the judges on the bench where the vacancy exists are always considered, together with input from bar and community leaders, and every available bar association evaluation or rating."

If the new district is created, the selection of a new judge will ultimately be made by the voters of San Juan County during the next election, but depending on how, when, and if the legislation is passed, the first selection will most likely be made by the Governor, who in the absence of an election, has the authority to appoint.

Certainly a letter from the "community leaders" who sit on the County Council would carry some weight, and it is hardly a secret that Councilman Myhr, Ranker and Lichter have been less than pleased with Gaylord's legal opinions and advise, with Myhr and Ranker even going so far as to argue legal points with him, so they may feel it is in their interest to send Gaylord off to higher office. An act that would give the County Council the freedom to handpick and appoint a new prosecuting attorney without the burden of having to have voter approval of the appointment.

Both Linde and Eaton said the decision to step forward is not an easy one to make. Both attorneys have well established and highly respected law offices, and becoming a judge means shutting down the office and entering the unpredictable and uncertain world of voter approval for a position that is non-partisan, but is not without politics.

But will a new district even happen? Attorneys are not known for agreeing with each other, it is after all their role to take opposite sides on legal issues, but when it comes to the subject of should there be a new judge for San Juan County, even those opposed to the idea feel that it is likely that the legislature will agree with Judge Churchill –and the County Council- that the time has come for San County to stop sharing judges who represent both Island County and SJ County, and have a judge who lives in San Juan County.