H-1358.1                  _______________________________________________

                                                      HOUSE BILL 1848

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Representative Riley

Read first time 02/12/93.  Referred to Committee on Judiciary.

Changing provisions relating to affidavits of prejudice.

          AN ACT Relating to affidavits of prejudice; 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)) an attorney ((appearing)) for a party in ((any)) an action or proceeding in a superior court((, may)) must establish ((such)) the prejudice by motion, supported by affidavit.  The motion and affidavit must allege that the judge before whom the action is pending is prejudiced against ((such)) that particular party or 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)) also must state the reasons why the party or attorney believes the judge is prejudiced against that particular party or attorney.  The motion and affidavit must be filed and called to the judge's attention ((of the judge)) before ((he shall have)) the judge has made any order or ruling ((whatsoever in the case, either)) involving discretion.  The motion and affidavit may be brought 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)) if the party making the affidavit has been given notice((, and before the judge presiding has made any order or ruling involving discretion, but)) of the hearing.  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)) the motion and affidavit ((shall)) must 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)).  No party or attorney shall be permitted to make more than one ((such application)) motion and affidavit of prejudice in any action or proceeding under this section and RCW 4.12.040.

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