S-0662.1  _______________________________________________

                         SENATE BILL 5205

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senators Roach and Johnson

Read first time 01/20/97.  Referred to Committee on Law & Justice.

Revising procedures for disqualification of district judges.

    AN ACT Relating to disqualification of district judges; and amending RCW 3.34.110.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 3.34.110 and 1984 c 258 s 17 are each amended to read as follows:

    A district judge shall not act as judge in any ((of the following cases:

    (1) In an)) action to which the judge is a party, or in which the judge is directly interested, or in which the judge has been an attorney for a party, or in which the judge believes he or she would be unable to act as an impartial judge.

    (((2) When the judge or)) If one of the parties ((believes)) to an action has reason to believe that the parties cannot have an impartial trial before ((the)) a judge, the party may file with the judge a motion to recuse.

The supreme court may adopt rules of procedure for implementation consistent with this law.  ((Only one change of judges shall be allowed each party under this subsection.

    When a judge is disqualified under this section, the case shall be heard before another judge or judge pro tempore of the same county.))

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