The case against a former officer in the Island County Republican Party accused of committing a felony for refusing to abide by a mask mandate in the Elections Office in 2024 is not going to be resolved anytime soon.
Following a couple of rulings by Island County Superior Court Judge Christon Skinner, the case against Tracy Abuhl was stayed as both the prosecution and defense are asking the Court of Appeals to review the judge’s decisions.
In the Abuhl case, the 62-year-old Camano Island resident was the vice chairperson of the county Republican Party and was acting as an election observer in the ballot counting room on Oct. 28, 2024. At that time, Island County Auditor Sheilah Crider mandated masks in the ballot counting room after COVID spread through the group of elderly volunteers during the primary election.
According to a report by Coupeville Marshal Bo Miller, Abuhl repeatedly refused to wear a mask but then left on her own after the police arrived.
Tim Hazelo, the chairperson of the county Republican Party, also refused to wear a mask in the ballot counting room on a different day.
Island County Prosecutor Greg Banks charged both Abuhl and Hazelo, separately, with a felony charge of unauthorized access to a voting center as well as two gross misdemeanors.
Skinner and Judge Carolyn Cliff recused themselves from hearing the Hazelo case because his wife is a member of the court staff. His case went to trial and a jury found him guilty of the felony charge. The judge didn’t give him any jail time.
Skinner presided over the case against Abuhl. The defense filed a motion to disqualify Banks from hearing the case over an alleged conflict of interest because he also is representing Crider and the county in a lawsuit Abuhl and Hazelo filed over the mask mandate; the civil lawsuit is also before the Court of Appeals.
Skinner denied the motion to disqualify Banks and appoint a special prosecutor, but he did find that Banks’ production of discovery material was inadequate and ordered the prosecutor to produce all documents to him to inspect in camera, or privately.
Afterward, Banks filed a motion to disqualify Skinner from hearing the case. He noted that Hazelo attended a staff Christmas party that the two judges held at Skinner’s home. He argued that Hazelo’s case is essentially so intertwined with Abuhl’s case that it’s inappropriate for Skinner to continue hearing the case or to look through the documents.
Skinner disagreed, noting that Banks only asked him to recuse himself after getting a ruling he didn’t like.
Banks is asking the Court of Appeals for a discretionary review of Skinner’s decisions regarding his recusal and the discovery materials. Likewise, the defense will be asking the Court of Appeal to look at the decision regarding whether a special prosecutor should be appointed.
