Contest A War Of Words -- Hulbert-Becker Judicial Race Is Unusually Contentious

EVERETT - As judicial races go here, the match between Snohomish County Superior Court Judge David Hulbert and Seattle attorney J.C. Becker is unusually contentious.

Becker, a 34-year-old trial lawyer and military-police major in the Army Reserve, is challenging Hulbert's bid for a second four-year term. He charges that Hulbert used his position as a judge to gain favorable treatment after he was stopped for suspicion of drunken driving two years ago.

Hulbert, 44, who lost his driver's license for a year, acknowledged he made a mistake by drinking and driving. He denies Becker's assertion and said Becker is resorting to negative campaigning instead of focusing on issues.

The nonpartisan race, along with that between Snohomish County Superior Court Judge Joseph Thibodeau and attorney Michael Hall, will be decided in Tuesday's primary election. The position pays slightly more than $99,000 a year.

Becker, a Mill Creek resident, said Hulbert refused a breath test in August 1994 when he was pulled over by Lake Stevens police for crossing the center line. Becker said Hulbert was never jailed and later worked out a deal in his chambers with a Lake Stevens prosecutor to have the charge reduced to negligent driving and a $130 fine. Hulbert never had to appear in court, Becker said.

Hulbert, of Lake Stevens, said no such deal occurred. He refused the breath test, he said, because he suffers from a hiatal hernia, which can cause regurgitation; and that, in turn, could cause him to have an overly high alcohol content in his mouth. Hulbert said the prosecutor cited him for negligent driving because there wasn't enough evidence to support a more serious charge. Losing his license for a year was no "sweetheart deal," he added.

Three police associations (those in Lynnwood, Everett and Snohomish County), four attorney groups and a former police chief are supporting Hulbert - some indirectly.

While not supporting Hulbert outright, Larry Kalsbeek, former chief of Lynnwood Police, wrote a letter in August to at least one local newspaper in which he said Becker, who served as a Lynnwood Police officer from 1987 to 1989, did not possess "the requisite integrity or moral character to be a judge."

Becker dismisses the assessment, saying he and Kalsbeek clashed after the former chief learned Becker was in law school while working as an officer and upon learning Becker wanted to intern with the Snohomish County Prosecutor's Office.

Becker said he thinks Hulbert solicited the letter from Kalsbeek - a charge Hulbert denies.

"That's completely false," Hulbert said. "I've never spoken to Kalsbeek in my entire life."

Kalsbeek couldn't be reached for comment; several other Lynnwood Police officials declined to discuss the issue.

Meanwhile, the Snohomish County Prosecutors Union, which represents the county's criminal deputy prosecutors, has recommended voters support Hulbert and concluded that Becker doesn't have the "qualifications and abilities" for the job.

Hulbert also won the endorsement of the Snohomish County Public Defenders Association and got a generally positive evaluation from the Snohomish County Bar Association. Becker was mostly unknown to the bar association.

Becker, who said he did not request endorsements and refused campaign contributions, is unimpressed by the support for Hulbert.

"Any group that has to appear in front of a judge is going to be hard-pressed to turn down (giving) an endorsement," Becker said. He added that he has often represented police officers against their departments and he isn't surprised that some police groups are supporting his opponent.

"I have made some enemies," Becker acknowledged. "It may make it difficult for me to have a political career."

Becker's style apparently affected his attempt to win support from members of the Snohomish County Chapter of Washington Women Lawyers. Those attending a candidate's forum earlier this week rated Hulbert "qualified" and Becker "not qualified."

Said Gail Nunn, a past president of the group and now vice-president of the Snohomish County Bar Association:

"The discussion prior to the voting seemed to indicate the group was concerned about (Becker's) lack of experience - he's only been a lawyer six years - and some people had observed him in the courtroom as not just a zealous advocate but as personally aggressive. The concern about that was it may mean there would be a problem with judicial demeanor."

But John Muenster, a Seattle trial attorney who is working with Becker on a wrongful-termination case, disagreed:

"I think he would make an excellent judge," he said. "I think great trial lawyers make great judges."

The general feeling among some attorneys is that Hulbert has grown as a judge and has a good judicial demeanor.

"He's done a good job on criminal cases," said Jim Townsend, chief criminal deputy prosecutor for the county.

Becker, who has his own practice, is primarily a criminal-trial lawyer. Though not a member of the Snohomish County Bar Association, he has tried cases in Snohomish County, interned in law school in the Snohomish County Prosecutor's Office and served as a judge pro-tem in the county's Cascade and Evergreen district courts.

"I've got more real-world experiences than my opponent," he said. "Seeing things from different perspectives makes you a good judge."

A native of Pasadena, Calif., Becker enlisted in the Marine Corps on his 17th birthday. Later, he earned an ROTC scholarship from the Army and remained on active duty for six years, transferring to the reserves in early 1986 as a first lieutenant. He was called up for duty during Desert Storm.

He earned a bachelor's degree from the University of California at Los Angeles and a law degree from the University of Puget Sound School of Law. He is married and has two young daughters.

Hulbert, an Everett native, was a Snohomish County deputy prosecutor for three years before starting his own practice in Everett in 1983. As a lawyer, he also served as a municipal prosecutor for the cities of Snohomish, Mukilteo, Marysville and Sultan. Occasionally, he served as a judge pro-tem for Evergreen District Court and as a court commissioner pro-tem in Snohomish County.

One of his most important achievements as judge, he thinks, has been treating those in his courtroom with respect and fairness.

"That's really one of the things I wanted to accomplish and I think I have," he said.

Hulbert is a graduate of Gonzaga University and Gonzaga University School of Law. He ran unsuccessfully for the state Legislature in 1984 and made an unsuccessful bid for Evergreen District Court judge in 1986.

Hulbert, who was divorced and has remarried, has four children ages 13 to 21.