Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Judiciary Committee

HB 1378

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Title: An act relating to disqualification of judges.

Brief Description: Concerning disqualification of judges.

Sponsors: Representatives Graves, Jinkins and Rodne.

Brief Summary of Bill

  • Changes the terminology relating to disqualification of judges.

  • Changes some of the rules governing the process of disqualification.

Hearing Date: 1/24/17

Staff: Audrey Frey (786-7289).

Background:

If a person who is a party or attorney in an action or proceeding in superior court believes that he or she cannot have a fair and impartial trial before the superior court judge assigned to the case, the person can file a motion and affidavit of prejudice to establish that the judge should be disqualified.

A judge who has been disqualified is prohibited from hearing the case, and the case will be transferred to another judge from a different department in the same court, a visiting judge, or another court.

The rules governing the process of disqualification are as follows:

Summary of Bill:

All references to a motion and affidavit of prejudice are replaced with references to a notice of disqualification.

The rules governing the process of disqualification remain the same, except for the changes italicized below:

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.