Judge Keeps Prosecutor on Election Case, Orders Records Review

A judge in Island County Superior Court rejected a defense request to remove Prosecutor Greg Banks from the criminal prosecution of Tracy Abuhl, who faces charges of unauthorized access to a voting center, disorderly conduct and first-degree criminal trespass for allegedly refusing to wear a mask while observing ballot counting during the 2024 general election. At the same time, the court ordered Banks to produce records for an in-camera review and directed Island County Auditor Sheilah Crider to retain independent counsel solely to advise her on attorney-client privilege matters.

The court's written order, dated December 31 and publicly reported January 6, framed the decision around a general reluctance to displace an elected prosecutor absent compelling justification. The judge did, however, express concerns about discovery practices and assertions of privilege in the case, prompting the limited relief that stops short of disqualification while opening a path for judicial review of disputed materials.

The criminal charges stem from a mask rule posted by the auditor for ballot-counting rooms following a COVID outbreak among elderly volunteers. That policy, and the events surrounding enforcement and observation of counting procedures, have generated both criminal and civil litigation and drawn regional attention to Island County's election administration and volunteer safety protocols.

Procedurally, the court struck the January 27 trial date and rescheduled it, giving parties additional time to resolve discovery disputes and for the court to complete in-camera review of the records at issue. The order also summarized recent related rulings and appeals in the matter, reflecting a broader litigation posture that has involved multiple filings across criminal and civil tracks.

For Island County residents, the ruling touches on several locally significant concerns: the integrity and transparency of ballot-counting operations, the safety of volunteer workers in voting processes, and how public officials navigate legal and ethical boundaries when advising or implementing election policies. The judge's direction that the auditor obtain independent legal advice limited to privilege questions signals judicial attention to whether communication protections have been used appropriately in the midst of contested litigation.

As the case moves forward, the court-ordered review of records and the involvement of outside counsel for privilege advice are likely to shape what evidence is admissible and how accountability is assigned. The combination of retained prosecutor involvement, judicial scrutiny of discovery, and continued appeals means Island County will remain closely engaged in the unfolding legal and administrative questions tied to last year’s ballot-counting controversies.