August 2018 Bar Bulletin
The article in the July issue, “Changing the Affidavit of Prejudice Rule,” was reprinted from the November 2016 issue. Since the article was written, the Washington Legislature in 2017 amended RCW §§ 4.12.040 and 4.12.050, which eliminated the requirements of filing a motion with an affidavit of prejudice and a proposed order to disqualify the judge assigned to your case.
Under the amended statutes, the only requirement is the filing of a Notice of Disqualification, which is subject only to the conditions set forth in the statutes. Under RCW § 4.12.050(1)(a), a party still must file the notice of disqualification, and it must be “called to the attention of the judge...