Introduction
Under Washington law, the notice of disqualification statute (RCW 4.12.050) provides parties and attorneys the right to disqualify a judge in a superior court case. This article explains how the rule applies under Washington State civil procedure.
Understanding RCW 4.12.050 (Focus on notice of disqualification)
Who can disqualify a judge?
Any party to an action or attorney appearing in superior court proceedings may file a notice to disqualify the assigned judge from hearing the matter. Washington Courts+15Washington State Legislature+15Justia Law+15
Time limits and conditions
- Before any discretionary rulings: The notice must be filed and brought to the judge’s attention prior to the judge making any discretionary ruling in the case. Washington Courts+7Washington State Legislature+7Justia Law+7
- Single‐judge counties: If the county has only one resident judge, notice must be filed by the day the case is called to set for trial. KIRO 7 News Seattle+15Washington State Legislature+15Justia Law+15
Scope and limitations
- One judge per case: A party or attorney may disqualify only one judge per matter under RCW 4.12.050 and RCW 4.12.040. OneCLE+14Washington State Legislature+14Washington State Legislature+14
- Judge discretion exceptions: Certain judicial actions do not erase the opportunity to file a notice, including arranging the calendar, setting hearing/trial dates, agreed continuances, arrest warrants, bail hearings, arraignments, and juvenile release hearings. LawFiles+6Washington State Legislature+6Justia Law+6
Interaction with RCW 4.12.040 and Venue Changes
RCW 4.12.040 complements § 050 by dictating how a case must proceed when a judge is disqualified. If the judge is part of a multi‑judge district, the presiding judge must transfer the action to another department or bring in a visiting judge. In single‑judge counties, the clerk forwards notice to the designated court, which then assigns a visiting judge.Washington State Legislature+8Washington State Legislature+8wa-law.org+8
Practical Scenarios and Case Law
In Fisher Construction v. Benningfield, the court held that even though the judge had issued an agreed continuance and amended case schedule, these actions did not prevent filing notice of disqualification under the statute, since those actions fell within the permitted exceptions. Washington Courts
Washington appellate decisions reaffirm that if the requirements of RCW 4.12.050(1) are met, disqualification is a matter of right and must be honored without further order. Washington Courts+1Washington Courts+1
Strategic Considerations
Why and when to use notice of disqualification
This notice is used strategically when a party believes bias or conflict exists. Timing is critical—file too late, and the disqualification may be rejected.
Importance of exceptions
Because routine actions like scheduling or continuances do not nullify the right to file, parties should monitor all early judicial actions and act promptly without overanalyzing minor rulings.
Limits on multiple requests
Since only one judge can be disqualified per matter, use the right thoughtfully. If multiple judges are problematic, the strategy must account for RCW 4.12.040 venue changes instead.
Summary
RCW 4.12.050 provides a clear statutory pathway for parties and attorneys to disqualify a superior court judge—as long as notice is timely and within statutory limits. Paired with venue transfer rules under RCW 4.12.040, the statute ensures governors of impartial justice and the orderly administration of cases.
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