Washington Code 4.12.050 – Notice of disqualification
Current as of: 2023 | Check for updates
|
Other versions
(1) Any party to or any attorney appearing in any action or proceeding in a superior court may disqualify a judge from hearing the matter, subject to these limitations:
Terms Used In Washington Code 4.12.050
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Continuance: Putting off of a hearing ot trial until a later time.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) Notice of disqualification must be filed and called to the attention of the judge before the judge has made any discretionary ruling in the case.
(b) In counties with only one resident judge, the notice of disqualification must be filed not later than the day on which the case is called to be set for trial.
(c) A judge who has been disqualified under this section may decide such issues as the parties agree in writing or on the record in open court.
(d) No party or attorney is permitted to disqualify more than one judge in any matter under this section and RCW 4.12.040.
(2) Even though they may involve discretion, the following actions by a judge do not cause the loss of the right to file a notice of disqualification against that judge: Arranging the calendar, setting a date for a hearing or trial, ruling on an agreed continuance, issuing an arrest warrant, presiding over criminal preliminary proceedings under CrR 3.2.1, arraigning the accused, fixing bail, and presiding over juvenile detention and release hearings under JuCR 7.3 and 7.4.
[ 2017 c 42 § 2; 2009 c 332 § 20; 1941 c 148 § 1; 1927 c 145 § 2; 1911 c 121 § 2; Rem. Supp. 1941 § 209-2.]
NOTES:
Rules of court: Demurrers abolished—CR 7(c).
Application—2009 c 332: See note following RCW 90.03.110.