H-3340.1 _______________________________________________
HOUSE BILL 2420
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By Representative Riley
Read first time 01/14/94. Referred to Committee on Judiciary.
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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