35.20.175 - Judicial officers -- Disqualification.

Judicial officers — Disqualification.

(1) A municipal court judicial officer shall not preside in any of the following cases:

     (a) In an action to which the judicial officer is a party, or in which the judicial officer is directly interested, or in which the judicial officer has been an attorney for a party.

     (b) When the judicial officer or one of the parties believes that the parties cannot have an impartial trial or hearing before the judicial officer. The judicial officer shall disqualify himself or herself under the provisions of this section if, before any discretionary ruling has been made, a party files an affidavit that the party cannot have a fair and impartial trial or hearing by reason of the interest or prejudice of the judicial officer. The following are not considered discretionary rulings: (i) The arrangement of the calendar; (ii) the setting of an action, motion, or proceeding for hearing or trial; (iii) the arraignment of the accused; or (iv) the fixing of bail and initially setting conditions of release. Only one change of judicial officer is allowed each party in an action or proceeding.

     (2) When a judicial officer is disqualified under this section, the case shall be heard before another judicial officer of the municipality.

     (3) For the purposes of this section, "judicial officer" means a judge, judge pro tempore, or court commissioner.

[2008 c 227 § 10.]

Notes: Effective date -- Subheadings not law -- 2008 c 227: See notes following RCW 3.50.003.