Judge Thibodeau Faces First Election Challenge - From Edmonds Lawyer

EVERETT - An attorney who believes he can bring a fresh perspective to the bench is challenging a veteran judge who has a reputation in the legal community for his knowledge of the law and strong sense of fairness.

The race is one of two contested races for Snohomish County Superior Court.

Attorney Michael Hall, 43, said he is running against Judge Joseph Thibodeau partly because both live in Edmonds and he thinks his name is equally familiar to city residents.

While acknowledging running against a judge of Thibodeau's stature presents a challenge - the 55-year-old judge is third in seniority on the 12-member bench - Hall said he believes voters should be given a choice. Thibodeau, a member of the court since 1986, has never been opposed in an election.

The nonpartisan race, along with that between Superior Court Judge David Hulbert and attorney J.C. Becker, will be decided in the Sept. 17 primary election.

Superior Court judges in Snohomish County are paid slightly more than $99,000.

In the past 10 years, Thibodeau has won the respect of prosecutors and defense attorneys alike, many lawyers say.

"He is one of our better judges," said Cathy Guthrie, president of the Snohomish County Chapter of Washington Women Lawyers.

"I would be very surprised if he doesn't have the majority of practicing lawyers in Snohomish County behind him because he knows the law, applies it correctly, is compassionate and fair."

Although the group is not scheduled to interview and rank judicial candidates until Monday, Guthrie said she believes Hall is largely unknown among county lawyers.

A preference poll taken by the Snohomish County Bar Association last month echoed that:

Forty-seven of more than 60 respondents rated Hall as "unknown." Hall also received two "excellent" ratings, one "good" rating, five "average" ratings and seven "poor" ratings.

Hall, a former Edmonds City Council member, said he's not surprised that he's largely unknown among lawyers because he's never run for judicial office before. The "poor" ratings, he believes, are probably in response to the fact he's had limited experience in criminal law and no jury-trial experience.

The Snohomish County Bar Association gave Thibodeau high marks: 43 "excellent" ratings, 13 "good" ratings and six "average" ratings.

Meanwhile, the Snohomish County Prosecutors Union, which represents the majority of the county's deputy prosecutors, has endorsed Thibodeau.

"He's got overwhelming support among the lawyers," said Jim Townsend, chief criminal deputy prosecutor. "Hall's lack of experience, especially in criminal law, is significant."

Hall, who has operated a small law practice in downtown Edmonds since 1988, said he is running for the Snohomish County bench because he is committed to the law and enjoys "being involved in the process to try to better the system."

In response to attacks on his lack of criminal-law and jury-trial experience, he said he has practiced law in the county for almost nine years while Thibodeau has spent his career as a judge and commissioner.

"I have gained much experience in the law and (running for judge) is a natural step for anyone who is involved in the law," said Hall.

The son of former Edmonds Mayor Laura Hall, he graduated from Edmonds High School and received a bachelor's degree in communications from Washington State University.

After working for Universal Studios in Los Angeles in the late 1970s and early 1980s, Hall enrolled at Southwestern University School of Law in Los Angeles, earning a law degree in 1987.

Hall was on the Edmonds City Council from 1991 to last year, when he lost a second bid for election after giving up his seat to run for another position.

Hall said he thinks many civil disputes are better solved through mediation than litigation, which is both expensive and time-consuming. Earlier this year, he established the Center for Dispute Resolution, a private business in Edmonds.

If elected to the Snohomish County bench, Hall said, he would aggressively advocate mediation as an option for resolving civil disputes and work to set aside a week each year in which disputing parties could opt to have conflicts settled through mediation.

Thibodeau was appointed to the Snohomish County bench by then-Gov. Booth Gardner in 1986 after the creation of a ninth Superior Court judgeship in the county. He has stood unopposed in elections in 1986, 1988 and 1992.

A graduate of Seattle Preparatory School, St. Martin's College and Gonzaga Law School, Thibodeau began his law career clerking for several years with the Washington State Supreme Court. He went on to clerk for the Washington State Court of Appeals from 1969 to 1972, when the court created the position of commissioner and named him to that post.

For the next 14 years, he served as state Court of Appeals commissioner for Division One, handling both civil and criminal cases, hearing motions and other matters and often assisting the court in drafting opinions.

His reputation among lawyers, he believes, is due to his being a hard worker, thoughtful listener and reasoned decision-maker.

"I'm a very fair judge," he said. "I listen to the arguments well. I've demonstrated that over my entire judicial career."

"I always try to explain my decisions," he added.

As a Superior Court judge, Thibodeau has presided over hundreds of criminal and civil cases, including many high-profile proceedings such as the triple-murder trial this summer of Timothy Blackwell, who gunned down his estranged, pregnant wife and two of her friends inside the King County Courthouse last year.

As a judge, Thibodeau is known for being tough on violent offenders, especially child-abusers, and for being sensitive to victims.

"Judge Thibodeau has a reputation for having little tolerance for sex offenders and particularly for those whose crimes are particularly egregious," said Michael Held, a deputy prosecutor.