A Whidbey General Hospital administrator asked a judge to recuse herself in a case that partly hinges on whether another judge should have recused himself.

The Washington State Attorney General’s Office last month filed an appeal of a judge’s decision regarding reimbursement of attorney’s fees in a criminal case against Chief Nursing Officer Linda Gipson.

Gipson was acquitted during a trial in Island County District Court this summer of assaulting a restrained patient.

The Attorney General’s Office is arguing that Judge Bill Hawkins erred in ruling that her approximately $250,000 in attorney bills should be reimbursed from a state fund for people charged with assault who are found to have acted in self-defense.

It came out in court that Whidbey General Hospital paid for nearly all of her attorney’s fees. She would presumably pay the hospital back after receiving the state reimbursement.

The Attorney General’s Office is appealing on the basis of Hawkins’ ruling itself and the jury instructions; essentially, the argument is that Gipson’s actions didn’t amount to self defense under the law.

A third issue is whether Hawkins should have recused himself from hearing the case. The deputy prosecutor vigorously argued prior to trial that Hawkins should not hear the case since his wife is a nurse at Whidbey General and works for Gipson.

But Hawkins refused, saying that his wife doesn’t work directly for Gipson.

Gipson’s attorney, Andrew Schwarz of Seattle, agreed with Hawkins’ decision, saying a recusal is necessary only when there’s evidence of actual bias.

The Attorney General’s Office, however, is siding with the prosecution. The appeal was filed in Island County Superior Court last month.

On Oct. 5, Schwarz filed a motion asking Judge Vickie Churchill to recuse herself. In a motion, he wrote that he has personal knowledge that leads him to believe “a fair and impartial trial cannot be had before the Honorable Vickie I. Churchill.”

Churchill approved the affidavit of prejudice Oct. 7, which will likely mean Judge Alan Hancock will hear the case.