BELLINGHAM, Wash. – A Whatcom Superior Court judge has upheld efforts by the county’s prosecuting attorney to keep a newly elected judge from hearing DUI cases.

Jonathan Rands was a DUI defense attorney before he was elected to the Whatcom District Court bench last November.

Prosecuting Attorney Eric Richey has come under intense criticism for trying to bar him from the cases.

But he says in a video released on Monday, February 13th, that he did not have any initial reservations about Rand’s performance.

“My office had no plan to file affidavits of prejudice against Judge Rands until it became apparent he was planning to hear motions to dismiss DUI cases based on motions and arguments that he had helped develop as a DUI defense attorney,” said Richey. “The other district court judges had already ruled against these motions.”

Affidavits of Prejudice are motions aimed at keeping judges from hearing specific cases, and Richey says they are routinely filed by both prosecutors and defense attorneys.

Some have charged Richey with committing political payback after Rands defeated a prosecutor from his office in the election.

Richey flatly denies this and says his motions have not slowed the work of the District Court.

“The affidavits my office filed in those DUI cases represent only six percent of the district court’s cases,” said Richey.

Richey says Superior Court Judge Robert Olsen ruled that Richey was within his rights to file the affidavits, and Rands is barred from hearing 123 DUI cases filed in District Court.