Candidates for county prosecutor make their cases
Published 1:30 am Tuesday, October 20, 2026
After nearly three decades as Island County prosecutor, Greg Banks is seeking an eighth term with a record that extends beyond the county, including leadership positions in state and national prosecutors’ organizations and a role in shaping criminal justice practices across Washington.
His challenger, Freeland attorney Andrew Scott, brings 16 years of experience prosecuting municipal cases in Missoula, Montana, including six years as chief prosecutor. He argues that Island County needs a different approach to charging criminal cases, supporting victims and reducing recidivism.
Banks has overseen felony prosecutions, civil litigation and legal advice to county government. Scott’s prosecutorial experience is primarily in misdemeanor cases, but his private law practice encompasses a range of civil matters, as well as a criminal defense. Banks previously ran as a Democrat but is seeking reelection as an independent. Scott is running as a Democrat.
During his tenure, Banks has built a team of experienced attorneys and modernized operations, including making Island County one of Washington’s first paperless prosecutor’s offices. He has personally prosecuted major criminal cases, including murders. He also appeared on the CBS program “48 Hours” in an episode titled “Dangerous Beauty,” which examined the murder of Whidbey Island resident Russel Douglas.
Banks has also handled litigation that has shaped state law. In a 2016 case known as “Banks v. Drummond,” he successfully challenged Island County commissioners’ decision to hire an outside attorney over his objection.
Banks has served as president of the Washington Association of Prosecuting Attorneys and vice president of the National District Attorneys Association. He serves on Washington’s Forensic Investigation Council.
Scott has practiced law since 1994, dividing his career between public service and private practice. He served as a deputy city attorney in Missoula from 1999 to 2010 before becoming chief prosecutor, a position he held until 2016. He supervised the criminal division of the city attorney’s office and prosecuted thousands of cases, including domestic violence, driving while intoxicated and other misdemeanor offenses.
Scott disputes the suggestion that his experience prosecuting misdemeanors leaves him unprepared to oversee felony cases.
“The prejudice of felony prosecutors against misdemeanor prosecutors is an ancient prejudice,” he said.
He pointed out that misdemeanor cases can involve serious domestic violence, sexual assault and other crimes that profoundly affect victims. He said he worked with police on investigations in Montana and took turns serving as an on-call attorney for law enforcement.
Scott also emphasized his civil litigation experience, arguing that his combination of criminal prosecution and private practice has prepared him to oversee both divisions of the county prosecutor’s office. Banks, meanwhile, emphasized the experience of the attorneys working under him, including lawyers who previously held senior positions in other prosecutor’s offices and the state Attorney General’s Office.
Beyond their different backgrounds, the candidates have contrasting views on how prosecutors should approach plea negotiations.
Scott said Island County prosecutors sometimes threaten to increase charges when defendants refuse plea agreements, a practice he considers coercive and one that creates an appearance of vindictiveness.
“I know it’s legal. I just don’t like it,” he said.
Scott said he would file the charges he considers justified by the evidence at the outset, then consider reducing them through plea negotiations.
“I think you should charge it all up front,” he said.
Scott considers the prosecution of Tim Hazelo, a former Island County Republican Party chairman, an example of the practice he opposes. Banks personally prosecuted Hazelo after his refusal to follow a mask requirement at the county Elections Office led to criminal charges and regional news coverage.
Banks initially charged Hazelo with a gross misdemeanor and later filed a felony charge after Hazelo rejected a plea offer. Banks said the possibility of additional charges had been disclosed from the outset. A jury later convicted Hazelo of the felony.
Scott said he disagrees with Banks’ handling of the case, but not for the reason some might expect.
“I would have charged that felony on day one,” he said.
Banks defends his office’s approach. He said prosecutors review the evidence, possible defenses and a defendant’s criminal history before determining the least serious charge that accurately reflects the crime and carries a punishment proportional to similar cases. Defendants receive that initial offer in exchange for accepting responsibility, but prosecutors identify more serious charges they may pursue if the offer is rejected.
“We’re not undercharging,” Banks said. “In fact, that’s right charging.”
Banks said he initially offered Hazelo a misdemeanor resolution because of his lack of criminal history and other circumstances.
“Hazelo had everything laid out for him too. It was no different,” Banks said.
Banks also questioned whether Scott’s approach would serve victims and the public. He argued that filing the most serious supportable charges initially, with the expectation of negotiating them downward, could create unrealistic expectations about the outcome of a case.
Scott said he believes the Hazelo prosecution has created animosity toward Banks among some Republicans. He said he has received campaign donations from Republican voters and invitations to speak to Republican groups, although he has not sought Hazelo’s endorsement or assistance.
Scott proposes a formal agreement with Citizens Against Domestic Abuse, or CADA, that could place an independent advocate in the prosecutor’s office. He said he has encountered cases in which victims and families waited months for charging decisions or received little information about their cases.
“There’s definitely not enough communication,” he said.
Under Scott’s proposal, county victim-witness coordinators could refer people to CADA advocates for confidential support and help navigating court proceedings, while the organizations maintain their separate responsibilities.
Banks said his office already employs victim coordinators and works with CADA. He would welcome additional staffing but disputed Scott’s characterization of communication problems as systemic. He said prosecutors work to keep victims informed and take a trauma-informed approach, although they cannot always deliver the outcomes victims want.
Banks also emphasized that prosecutors may have to disclose information to defense attorneys that independent advocates can keep confidential.
He highlighted a multidisciplinary team his office helped establish in 2025 to improve coordination in child sexual abuse and other special assault cases. The team includes prosecutors, law enforcement, Child Protective Services, CADA, the Bridget Collins Child Advocacy Center, the Navy and medical providers.
Scott also advocates expanding alternatives to traditional prosecution for defendants with substance abuse or mental health problems. He supports pre-charge diversion, community courts and specialized treatment courts for people with mental health disorders, co-occurring conditions and veterans. He has participated in a working group involving such courts.
Scott said diversion programs could relieve pressure on public defenders as Washington implements new caseload limits, while addressing problems that contribute to repeat offenses.
Banks pointed to his role in establishing adult and juvenile drug courts in Island County. The juvenile program later ended because participation declined. He said prosecutors also use stipulated continuances, allowing eligible defendants to obtain treatment and meet court-ordered conditions without im