WSR 18-13-045

RULES OF COURT

STATE SUPREME COURT

[June 7, 2018]


IN THE MATTER OF SUGGESTED NEW GENERAL RULE 38—PROHIBITION OF BIAS	) ) )	ORDER NO. 25700-A-1233

The Superior Court Judges' Association, having recommended the suggested new General Rule 38—Prohibition of Bias, and the Court having considered the new rule and comments submitted thereto;

Now, therefore, it is hereby

ordered:

(a) That pursuant to the provisions of GR 9(g), the suggested new rule as shown below is to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of the Court's websites.

(b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.

(c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than September 14, 2018. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or supreme@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

dated at Olympia, Washington this 7th day of June, 2018.


	For the Court

	Fairhurst, C.J.
	CHIEF JUSTICE

GR 9 COVER SHEET

Suggested Change to the

GENERAL RULES

Rule 38: Prohibition of Bias

Submitted by the Superior Court Judges' Association

A. Name of Proponent:

Superior Court Judges' Association

B. Spokesperson:

Judge Blaine Gibson, President

Superior Court Judges' Association

C. Purpose:

The suggested rule seeks to prohibit prejudice and bias during litigation by requiring that all persons in a court proceeding be given fair and equal treatment, and creating a duty to avoid comments or behaviors that could be interpreted as manifesting prejudice toward any court participant.

D. Hearing: A hearing is not requested.

E. Expedited Consideration: Expedited consideration is not requested.

GENERAL RULE 38: PROHIBITION OF BIAS

Litigation, inside and outside Washington state courtrooms, must be free from prejudice and bias in any form. Fair and equal treatment must be accorded all court participants, whether judges, attorneys, witnesses, litigants, jurors, or court personnel. The duty to be respectful of others includes the responsibility to avoid comment or behavior that can reasonably be interpreted as manifesting prejudice or bias toward another on the basis of categories such as gender, race, ethnicity, religion, disability, age, or sexual orientation.