The former chairperson of the Island County Republican Party appeared in a courtroom packed with his supporters Wednesday to answer criminal charges related to his refusal to wear a mask in the Elections Office.

Tim Hazelo sat at the defendant’s table alone while his attorney, Austin Hatcher, appeared over video for the arraignment hearing. Hazelo pleaded “innocent” to charges of unauthorized access to voting center, disorderly conduct and criminal trespass in the first degree.

Hazelo was released on his personal recognizance, but the judge ordered him to stay out of the Island County Elections Office and to remain at least 100 feet from Island County Auditor Sheilah Crider and Elections Supervisor Michele Reagan, who are witnesses in the case.

The trial was set for May 6.

Snohomish County Superior Court Judge Joseph Wilson presided over the hearing via video. Both Island County Superior Court judges recused themselves from the case, which usually connotes a conflict of interest. Hazelo and two co-plaintiffs recently filed a civil case against the county related to the same incident. Wilson will hear that case too.

The case against Hazelo was initially assigned to a judge from Whatcom County, but Island County Prosecutor Greg Banks filed a notice of disqualification. Either party can file a motion of disqualification before a judge makes any discretionary rulings. No reason has to be given.

Hatcher said in court that he plans to file a motion claiming that the prosecution can’t make a prima facie case against Hazelo.

Banks asked the judge to set standard conditions of release, which include instructions not to leave the state without approval from the court and not to move without approval of the court.

Hatcher said he took umbrage with the conditions. He pointed out that Hazelo is a longtime resident, has strong community ties, is the former chairperson of the county GOP party and has federal security clearance with his job.

Wilson agreed and didn’t impose those restrictions.

In addition, Hatcher argued against Banks’ request for a protection order to prevent Hazelo from going into the Elections Office or contacting the auditor or elections supervisor. Wilson, however, imposed the temporary protection order, pointing out that a judge has already found that probable cause exists to believe Hazelo committed the crimes he is charged with.

Hazelo is a well-known figure on Whidbey Island. Besides being the former chair of the Republican Party in the county, he previously ran for Congress against Rep. Rick Larsen and for county commissioner against Janet St. Clair. Last summer, Hazelo was one of three people who received an award for helping to save the lives of three people who overdosed on the south end of Oak Harbor.

The charges against Hazelo are one of several court cases related to a controversy over Crider’s decision during last year’s election season to require people to wear masks in the small ballot counting room in the Elections Office. She said she instituted the rule to protect the health of elderly workers after a COVID-19 spike in the office during the primary election endangered their welfare.

Hazelo and Tracy Abuhl, the former vice chairperson of the county GOP party, separately went to the Elections Office as observers, refused to wear masks and refused to leave until law enforcement arrived, according to court documents.

Banks also charged Abuhl with the same counts as Hazelo is facing.

Hazelo, Abuhl and resident James Peterson filed an emergency injunction motion on Election Day, but the judge denied it.

Last month, the Silent Majority Foundation, an Eastern Washington organization, filed a similar complaint for declaratory and injunctive relief, with a request for an emergency injunction, against the county and members of the canvassing board on behalf of Hazelo, Abuhl and Peterson. The complaint argues that neither Crider nor the canvassing board has the authority to impose a health-related mandate.

Prosecutor Greg Banks