Opinion: Kitsap Prosecutors Must Act Now to Disqualify Judge Ferguson-Brown

The devastating consequences of judicial leniency are rarely abstract. Within our regional justice system, the outcomes of a judge prioritizing an offender’s comfort over a public safety are tangibly measured in bloodshed, profound violence, and irreversible tragedy.

For a brief moment, an examination of the Washington Courts Odyssey Portal suggested that Clallam County administrators might have quietly scrubbed visiting Kitsap County Superior Court Judge Cadine Ferguson-Brown from the local docket.

But any hope of a quiet bureaucratic awakening vanished today. Judge Ferguson-Brown was right back on the bench in Clallam County and is scheduled for more hearings in July.

Despite being soundly rejected by Mason County voters by a massive 15-point margin in 2023, Judge Ferguson-Brown was insulated from the democratic process when Governor Jay Inslee appointed her to a vacant Superior Court seat in neighboring Kitsap County.

Now, because Clallam County Presiding Judge Simon Barnhart’s administration continues to voluntarily invite her into our local courthouse, her dangerously lenient judicial philosophy threatens both jurisdictions simultaneously.

The regional community is not entirely defenseless, however. While Clallam County leadership refuses to act, the Kitsap County Prosecutor’s Office possesses both the statutory power and the historical playbook to systematically stop her from endangering the public.

For the safety of our streets, prosecutors must act immediately.

A Horrific Track Record

When a suspect shoots a man in the face, chest, arm, and back—leaving him with a “high probability of death”—the baseline expectation is that the justice system will keep the community safe.

Instead, during a February 2023 hearing, Judge Ferguson-Brown inexplicably set a mere $5,000 bail for the accused shooter, who was facing a potential life sentence.

The suspect walked free the very next day and ultimately took her own life while awaiting trial.

The catastrophic ruling prompted state lawmakers to publicly condemn the decision as a deadly failure, noting that holding the suspect accountable behind bars would have quite literally saved her life.

That same month, Judge Ferguson-Brown set a shockingly low $25,000 bail for an arsonist who poured gasoline on a rehab facility, attempting to burn nearly two dozen sleeping people alive before fighting police with a loaded flare gun.

Her extreme leniency is not a thing of the past.

Just this month, on June 5, 2026, Judge Ferguson-Brown granted a Special Sexual Offender Sentencing Alternative to a 58-year-old man who sexually abused his five- and nine-year-old daughters over a four-year period.

Bypassing a standard prison term, she suspended his 78-month sentence for life, ordering him to serve just 12 months in the county jail.

This is not justice. It is a documented pattern of bypassing public safety protocols to prioritize the rapid societal re-entry of highly dangerous individuals.

The Statutory Solution: RCW 4.12.050

Kitsap County cannot afford to wait for the next catastrophic failure. Fortunately, under Washington State law, prosecutors have the tools to intervene.

Pursuant to RCW 4.12.050, parties and attorneys possess the power to file a “Notice of Disqualification”—historically known as an “Affidavit of Prejudice”—against a judge.

As long as this notice is filed before the judge makes any discretionary rulings in a case, it automatically forces the reassignment of the matter to a different judicial officer.

Kitsap County prosecutors have the unilateral authority to file these notices on every single criminal case assigned to Judge Ferguson-Brown.

By issuing blanket disqualifications, the Prosecutor’s Office can effectively restrict her docket entirely to civil matters, insulating the public from her dangerous approach to bail and sentencing.

A Proven Prosecutorial Playbook

Using blanket disqualifications to sideline a problematic judge is an extraordinary measure, but it is precisely what extraordinary threats require. More importantly, it is a well-established practice within Kitsap County itself.

Local prosecutors have a documented history of utilizing this exact mechanism to protect the community.

According to past reporting by the Kitsap Sun, former Prosecutor Tina Robinson’s office systematically used blanket affidavits to remove veteran District Court Judge Marilyn Paja from all criminal cases after a severe disagreement over her rulings, which included releasing a drunken driving suspect.

“Now this person is on the street, and they should not be on the street,” Robinson stated at the time. “That is concerning for us.”

By routinely filing those notices, prosecutors successfully restricted the judge’s docket to only infractions and civil matters.

Former Kitsap Prosecutor Russ Hauge similarly utilized the strategy to keep Superior Court judges off criminal cases for extended periods following rulings that jeopardized public safety.

Drawing the Line

The precedent is clear. The statutory mechanism is readily available. The only remaining question is whether the current Kitsap County Prosecutor’s Office has the courage to use it.

When a judge repeatedly demonstrates an ideological worldview skewed toward the offender at the absolute expense of the victim—and the general public—the prosecutor’s office becomes the final line of defense.

Every day that Judge Ferguson-Brown is allowed to preside over criminal matters in Kitsap County is a day that vulnerable families, crime victims, and everyday citizens are exposed to severe, preventable harm.

Kitsap prosecutors know how to protect their community from judicial officers whose rulings put the public at risk.

They have done it before. They must do it again.

It is time for Kitsap County prosecutors to issue blanket Notices of Disqualification against Judge Cadine Ferguson-Brown. The cost of inaction is simply too high.