H-0479.1          _______________________________________________

                                  HOUSE BILL 1073

                  _______________________________________________

State of Washington              53rd Legislature             1993 Regular Session

By Representatives Appelwick and Johanson

Read first time 01/13/93.  Referred to Committee on Judiciary.

Changing procedures for filing an affidavit of prejudice against a judge.

     AN ACT Relating to judges; and amending RCW 4.12.050.

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

     Sec. 1.  RCW 4.12.050 and 1941 c 148 s 1 are each amended to read as follows:

     ((Any)) A party ((to)) or ((any)) attorney appearing in ((any)) an action or proceeding in a superior court, may establish ((such)) the prejudice by motion, supported by affidavit that the judge before whom the action is pending is prejudiced against ((such)) the party or the party's attorney, so that ((such)) the party ((or attorney)) cannot, or believes that he or she cannot, have a fair and impartial trial before ((such)) the judge((:  PROVIDED, That such)).  The motion and affidavit ((is)) must be filed and called to the attention of the judge before ((he shall have made any ruling whatsoever in the case)) the judge commences any hearing or trial at which he or she is requested to make any order or ruling involving discretion, either on the motion of the party making the affidavit, or on the motion of any other party to the action, of the hearing of which the party making the affidavit has been given notice, ((and before the judge presiding has made any order or ruling involving discretion, but)) except the arrangement of the calendar, the setting of an action, motion, or proceeding down for hearing or trial, the arraignment of the accused in a criminal action or the fixing of bail, shall not be construed as a ruling or order involving discretion within the meaning of this ((proviso; and in any event,)) section.  In counties where there is but one resident judge, such motion and affidavit shall be filed not later than the day on which the case is called to be set for trial((:  AND PROVIDED FURTHER, That notwithstanding the filing of such motion and affidavit, if the parties shall, by stipulation in writing agree, such judge may hear argument and rule upon any preliminary motions, demurrers, or other matter thereafter presented:  AND PROVIDED FURTHER, That)).  In judicial districts where cases are assigned from a master calendar on the date of trial, the motion must be filed with the judge, court administer, or clerk assigning the case for hearing or trial to the subject judge immediately upon such assignment.  No party or attorney shall be permitted to make more than one such application in any action or proceeding under this section and RCW 4.12.040, and such application may be filed at any time before the deadlines set out in this section.

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