5 Washington opinions name it 1 courts 2012–2020 0 in the last five years
The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Belgardegreen2 sentences2020Beginning with State v. Post, 118 Wn.2d 596 , 826 P.2d 172 , 837 P.2d 599 (1992), the Washington Supreme Court has characterized a judge’s failure to recuse himself or herself when required to do so by the judicial canons as a violation of the appearance of fairness doctrine. 2012See 1 Washington Court Rules Annotated 77 (2d ed. 2009-10). ¶30 Beginning with State v. Post, 118 Wn.2d 596 , 826 P.2d 172 , 837 P.2d 599 (1992), the Supreme Court has characterized a judge’s failure to recuse himself or herself when required to do so by the judicial canons as a violation of the appearance of fairness doctrine. 4 The court also narrowed the scope of the appearance of fairness doctrine from one under which a party could challenge whether decision-making procedures created an appearance of unfairness to a reformulated threshold: whether there is “evidence of a judge’s or decisio | 1 | 4 |
State v. Postgreen2 sentences2020Beginning with State v. Post, 118 Wn.2d 596 , 826 P.2d 172 , 837 P.2d 599 (1992), the Washington Supreme Court has characterized a judge’s failure to recuse himself or herself when required to do so by the judicial canons as a violation of the appearance of fairness doctrine. 2012See 1 Washington Court Rules Annotated 77 (2d ed. 2009-10). ¶30 Beginning with State v. Post, 118 Wn.2d 596 , 826 P.2d 172 , 837 P.2d 599 (1992), the Supreme Court has characterized a judge’s failure to recuse himself or herself when required to do so by the judicial canons as a violation of the appearance of fairness doctrine. 4 The court also narrowed the scope of the appearance of fairness doctrine from one under which a party could challenge whether decision-making procedures created an appearance of unfairness to a reformulated threshold: whether there is “evidence of a judge’s or decisio | 1 | 4 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Caperton v. A. T. Massey Coal Co., Inc.
green
2 sentences2016Ed. 2d 1208 (2009)). “[S]tate codes of judicial conduct provide more protection than due process requires, and . . . ‘most disputes over disqualification will be resolved without resort to the Constitution.’ ” Id. (quoting Caperton, 556 U.S. at 890 ). ¶39 The Washington Supreme Court has characterized a judge’s failure to recuse himself or herself when required to do so by the judicial canons as a violation of the appearance of fairness doctrine, and has narrowed the scope of the appearance of fairness doctrine in the context of judicial decision-making to whether there is evidence of a judge’ 2016Ed. 2d 1208 (2009)). “[S]tate codes of judicial conduct provide more protection than due process requires, and . . . ‘most disputes over disqualification will be resolved without resort to the Constitution.’ ” Id. (quoting Caperton, 556 U.S. at 890 ). ¶39 The Washington Supreme Court has characterized a judge’s failure to recuse himself or herself when required to do so by the judicial canons as a violation of the appearance of fairness doctrine, and has narrowed the scope of the appearance of fairness doctrine in the context of judicial decision-making to whether there is evidence of a judge’ | 2 | 2016–2016 |
Tatham v. Rogers
green
1 sentence2020Tatham v. Rogers, 170 Wn. | 1 | 2020–2020 |
State v. Gentry
green
2 sentences2017Under that doctrine, "'judges should disqualify themselves in a proceeding in which their impartiality might reasonably be questioned."12 The supreme court has "characterized a judge's failure to recuse himself or herself when required to do so by the judicial canons as a violation of the appearance of fairness doctrine."13 The party moving for recusal bears the burden to present "evidence of a judge's ... actual or potential bias."14 If that party presents such evidence, we 1° Opening Brief of Appellant at 7-9. 11 Id. at 9. 12 State v. Gentry, 183 Wn.2d 749, 761-62 , 356 P.3d 714 (2015). 2017Under that doctrine, "'judges should disqualify themselves in a proceeding in which their impartiality might reasonably be questioned."12 The supreme court has "characterized a judge's failure to recuse himself or herself when required to do so by the judicial canons as a violation of the appearance of fairness doctrine."13 The party moving for recusal bears the burden to present "evidence of a judge's ... actual or potential bias."14 If that party presents such evidence, we 1° Opening Brief of Appellant at 7-9. 11 Id. at 9. 12 State v. Gentry, 183 Wn.2d 749, 761-62 , 356 P.3d 714 (2015). | 1 | 2017–2017 |
State v. C.B.
green
1 sentence2017State v. C.B., 195 Wn. | 1 | 2017–2017 |