The Simplest Way To Recuse a Judge in Washington

Recent events in Clallam County Superior Court have left many citizens questioning the integrity of their local justice system. Following the controversial appointment of Commissioner Brian Parker by Judge Brent Basden—despite glaring red flags—public trust in Clallam County Superior Court is at an all-time low.

Compounding the frustration is Judge Basden’s history of directing public funds to ethically compromised former business partners and his troubling record of appellate court reversals.

When a judge’s personal loyalties or track record suggest they cannot be impartial, citizens often feel powerless. However, while systemic reform and electoral accountability take time, Washington State law provides individuals with an immediate, powerful tool to protect themselves from judicial bias in their own cases.

Disqualification Procedure

In Washington superior courts, any party appearing in any action can recuse a judge, by providing notice to that judge, before the judge has made any discretionary ruling in the case.

The specific requirements are listed under RCW 4.12.050, which states:

(1) Any party to or any attorney appearing in any action or proceeding in a superior court may disqualify a judge from hearing the matter, subject to these limitations:

(a) Notice of disqualification must be filed and called to the attention of the judge before the judge has made any discretionary ruling in the case.

(b) In counties with only one resident judge, the notice of disqualification must be filed not later than the day on which the case is called to be set for trial.

(c) A judge who has been disqualified under this section may decide such issues as the parties agree in writing or on the record in open court.

(d) No party or attorney is permitted to disqualify more than one judge in any matter under this section and RCW 4.12.040.

(2) Even though they may involve discretion, the following actions by a judge do not cause the loss of the right to file a notice of disqualification against that judge: Arranging the calendar, setting a date for a hearing or trial, ruling on an agreed continuance, issuing an arrest warrant, presiding over criminal preliminary proceedings under CrR 3.2.1, arraigning the accused, fixing bail, and presiding over juvenile detention and release hearings under JuCR 7.3 and 7.4.

(3) This section does not apply to water right adjudications filed under chapter 90.03 or 90.44 RCW. Disqualification of judges in water right adjudications is governed by RCW 90.03.620.

Know Your Local Court Rules

It is also wise to review the local court rules for the superior court. In Clallam County, there are additional requirements under Local Court Rule 40(f). You can read the local court rules here.

The terminology may vary by county. In Clallam, the rule refers to the disqualification notice as an “affidavit of prejudice”, which is what it was called 8 years ago, prior to legislative changes to RCW 4.12.050.

Court Commissioners Cannot Be Disqualified By Notice

Unlike judges, court commissioners are not subject to disqualification by statute.

Instead, if you believe a commissioner has made an erroneous or biased ruling, RCW 2.24.050 allows any party to a case to request that a superior court judge review the orders and judgments made by that commissioner. This proceeding is called a motion for revision of a commissioner’s order.

Empowering Citizens

Navigating the legal system can feel daunting, particularly when public trust is at an all-time low. However, understanding the tools available under Washington State law empowers citizens to take an active role in their own cases.

While systemic reform and electoral accountability take time, utilizing these procedures provides individuals with one avenue to protect themselves from judicial bias.