BELLINGHAM, Wash. – A controversy over a newly elected judge’s past work as a DUI defense attorney is roiling the Whatcom County District Court.

Prosecuting Attorney Eric Richey’s office has expressed concern that Judge Jonathan Rands cannot be impartial when hearing DUI cases.

They have gone so far as to file what are called affidavits of prejudice to keep Rands from presiding over those cases.

Attorney Jeffrey Lustick, who has served as a prosecutor, defense attorney and fill-in judge in the court, says Richey’s office has overstepped its bounds.

“They feel that the people of Whatcom County are somehow prejudiced by having him sit as a judge on these cases,” said Lustick. “So, they have essentially brought a shopping cart full of affidavits of prejudice, filing them in every DUI case where Judge Rands has been assigned.”

Rands was just elected to the position in November, and Lustick feels this is unfair treatment of a judge who has yet to make a ruling.

“I believe you need to give that person a chance and see how they rule,” said Lustick. “If you don’t like the way they rule, you disagree with their legal rulings, there’s always a chance to appeal.”

An organization of municipal and district court judges echoes Lustick’s concerns in a recent op-ed piece.

They call it an “insult to judicial independence.”

Prosecutor Richey will present his concerns to the Whatcom County Council on Monday, February 13th.