Prosecutor's protests get King County judge reassigned

A King County judge who has come under fire for his handling of drunken-driving cases is being transferred from the district court in Redmond to Seattle after the Prosecutor's Office refused to try cases in his court about two weeks ago.

District Court Judge Peter Nault will no longer hear criminal cases and will hear only civil cases in Seattle starting on Aug. 25 after reaching an agreement with District Court Presiding Judge Barbara Linde. Nault had sat on the bench in Redmond for nearly 14 years and was last re-elected in 2006, when he ran unopposed.

"Judge Nault and I have come to an agreement," Linde said. "We needed to make some changes."

Nault, 58, could not be reached for comment.

The change in assignments is being made because of a decision by the Prosecutor's Office in late July to file an affidavit protesting Nault's jurisdiction each time a prosecution was brought before him, Larson said. The action amounts to a boycott of Nault's jurisdiction, a highly unusual move for the Prosecutor's Office, said Mark Larson, chief criminal deputy for the Prosecutor's Office.

"This is the first time I'm aware of that we've ever done this" in more than 20 years, said Larson.

Larson said the decision to bring the affidavits was made reluctantly but followed years of disputes over Nault's rulings.

The action by the Prosecutor's Office is similar to challenges brought during jury selections, in which prosecutors and defense attorneys are allowed to dismiss potential jurors for unspecified reasons. Such rejections are known as peremptory challenges.

"You can show up and say, 'I don't like the look of this judge,' " said Larson. "You don't have to cite any reason at all."

Questions about Nault's rulings date back to at least 2005. Larson said the Prosecutor's Office has appealed dozens of his decisions and frequently has had the rulings overturned.

Others also have filed affidavits challenging Nault's jurisdiction, including the city of Woodinville, which routinely brought affidavits against Nault over his handling of drunken-driving cases after the judge refused to accept blood-alcohol readings. Nault also commonly rejected the affidavits and retained jurisdiction, saying they had not been filed within required deadlines.

In December, Nault filed a nine-page response to Woodinville's challenge.

"Seldom in my career, and going back nearly 14 years as a judge, have I heard such a dangerous remark or such a misrepresentation of the truth," Nault wrote in his response.

"The city wants preferential treatment, if not service, and that cannot occur. The city is bound by the same rule as all parties," he added.

Nault's rulings often have involved DUI cases, including that of Metropolitan King County Councilwoman Jane Hague. In November, Nault ruled that results of a breath test administered to Hague in June 2007 could not be admitted in court because she was not properly warned of the implications of consenting to the test.

Nault in March sentenced Hague to six months' probation, allowing her to face a reduced charge of reckless driving upon completion.

Larson said concerns about Nault's rulings also have involved other issues, such as sentencings, where mandatory minimum terms were not imposed, and evidentiary matters involving the admissibility of evidence.

No specific reasons are given in filing the affidavits, however.

It's unclear what the transfer to Seattle will mean when Nault is up for re-election.

Peyton Whitely: 206-464-2259 or pwhitely@seattletimes.com