Washington Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

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Multi-State
Control #:
US-02219BG
Format:
Word; 
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Description

A Judge should disqualify himself or herself in a proceeding where he or she:


" Has a personal bias or prejudice concerning a party;

" Has personal knowledge of disputed evidentiary facts;

" Served as a lawyer in the matter in controversy;

" Practiced law with a lawyer who, during the time of this association, handled the case in question;

" Has been a material witness in the case, or has practiced law with a lawyer who is a material witness;

" Has a financial or other interest in the subject or parties to the proceeding, or a member of his or her immediate family has such an interest;

" Is a party to or a lawyer in the proceeding, or is related to one who is so involved in the proceeding;

" Knows of a relative who has an interest that could be substantially affected by the outcome of the proceeding; or

" Is likely to be a material witness, or is related to one who is likely to be a material witness in proceeding.

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FAQ

(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: (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.

A judge of the court shall be: (1) Admitted to the practice of law in the courts of this state not less than five years prior to taking office. (2) A resident for not less than one year at the time of appointment or initial election in the district for which his or her position was created.

How do I file a complaint against a judge or commissioner? Forms to file a complaint against a judicial officer (e.g., a judge, commissioner, or magistrate) are located on the Filing a Complaint page of the Washington State Commission on Judicial Conduct Website.

In Washington State, judges are elected in nonpartisan elections. When a justice of the Washington Supreme Court, a judge of the state Court of Appeals or a superior court resigns or dies during a term of office, the Governor appoints a new judge to fill that position.

Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.

This could be because the judge has personal knowledge of disputed facts in the case or because the judge served as a lawyer in the proceeding or advised a party in the proceeding. The judge could also be removed from the case if they have a financial interest in it or are related to one of the parties involved.

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Washington Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal