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WA · rules

Wash. Crim. R. Cts. Ltd. Juris. 8.9

Disqualification of Judge

activein force · 1987-09-01 – presentact-effective-date

(a) Disqualification. In any case pending in any court of limited jurisdiction, unless

otherwise provided by law, the judge thereof shall be deemed disqualified to hear and try the case

when the judge is in any way interested or prejudiced. The judge may enter an order of

disqualification.

(b) Affidavit of Prejudice. The judge shall also enter an order of disqualification under

the provisions of this rule if, before the judge makes a discretionary ruling and before the trial is

commenced, a party files an affidavit alleging that the party cannot have a fair and impartial trial

by reason of the interest or prejudice of the judge or for other ground provided by law. Only one

such affidavit shall be filed on behalf of the same party in the case and the affidavit shall be made

as to only one of the judges of the court. All rights to an affidavit of prejudice will be considered

waived when filed more than 10 days after the defendant's plea is entered or arraignment is

waived, unless the affidavit alleges a particular incident, conversation or utterance by the judge,

which was not known to the party within the 10-day period. In multiple judge courts, or when a

pro tempore or visiting judge is designated as the judge, the 10-day period shall commence on

the date that the party has actual notice of assignment or reassignment to a designated judge.

(c) Transfer. Whenever a judge is disqualified, the judge shall immediately make an

order transferring and removing the case to another judge authorized by law to hear the case.

History

[Adopted effective September 1, 1987.]

Provenance

Source
www.courts.wa.gov
Retrieved
2026-09-16
Edition
2026-09-16
Content hash
ac425fcf639b7a0e0b3175233396e033e2cb66e1053bb601a03e8e43bf235598
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