Wash. Rev. Code » Title 2 · Chapter 2.28
Revised Code of Washington

Wash. Rev. Code § 2.28.030 (2026)

✓ current as of May 2026
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
A judicial officer is a person authorized to act as a judge in a court of justice. Such officer shall not act as such in a court of which he or she is a member in any of the following cases:
(1) In an action, suit, or proceeding to which he or she is a party, or in which he or she is directly interested.
(2) When he or she was not present and sitting as a member of the court at the hearing of a matter submitted for its decision.
(3) When he or she is related to either party by consanguinity or affinity within the third degree. The degree shall be ascertained and computed by ascending from the judge to the common ancestor and descending to the party, counting a degree for each person in both lines, including the judge and party and excluding the common ancestor.
(4) When he or she has been attorney in the action, suit, or proceeding in question for either party; but this section does not apply to an application to change the place of trial, or the regulation of the order of business in court.
In the cases specified in subsections (3) and (4) of this section, the disqualification may be waived by the parties, and except in the supreme court and the court of appeals shall be deemed to be waived unless an application for a change of the place of trial be made as provided by law.
[ 2011 c 336 s 39; 1971 c 81 s 11; 1895 c 39 s 1; 1891 c 54 s 3; RRS s 54.]
Notes of Decisions
Cited in 24 cases (6 in the last 5 years), 1961–2025 · leading case: DGHI, Enter. v. Pac. Cities, Inc., 977 P.2d 1231 (Wash. 1999).
Sort: Relevance Newest Treatment
DGHI, Enter. v. Pac. Cities, Inc., 977 P.2d 1231 (Wash. 1999). · cites it 4× “[12] Following Judge McCutcheon's death, Petitioner filed a motion for new trial under *1233 RCW 2.28.030 and CR 63. [13] On December 13, 1995, the Honorable Peter Jarvis, King County Superior Court, denied the motion, [14] and on February 14, 1996 signed the findings of fact…”
State v. Soto, 727 P.2d 999 (Wash. Ct. App. 1986). · cites it 6× “Soto was charged with second degree burglary and, after a trial to the court, was convicted of first degree criminal trespass and third degree malicious mischief as lesser included offenses of the charged offense. He now appeals the judgment and sentence, arguing that the crimes…”
State v. Sims, 834 P.2d 78 (Wash. Ct. App. 1992). · cites it 8× “The court stated that "RCW 2.28.030 requires only that the particular matter disposed of by a judge shall have been submitted to him according to law.”
State v. Bryant, 829 P.2d 209 (Wash. Ct. App. 1992). · cites it 3× “3 The court held that RCW 2.28.030 requires only that the particular matter disposed of by a judge shall have been submitted to him according to law.”
State v. Bowen, 531 P.2d 837 (Wash. Ct. App. 1975). · cites it 3× “Judge Johnston’s successor in office, Judge G. B. Chamberlin, denied the motion for new trial and imposed sentence.”
DGHI Enter. v. Pac. Cities, Inc., 137 Wash. 2d 933 (Wash. 1999). · cites it 3× “12 Following Judge McCutcheon’s death, Petitioner filed a motion for new trial under RCW 2.28.030 and CR 63. 13 On December 13, 1995, the Honorable Peter Jarvis, King County Superior Court, denied the motion, 14 and on February 14, 1996 signed the findings of fact and…”
In Re Marriage of Crosetto, 1 P.3d 1180 (Wash. Ct. App. 2000). “" But CR 63(b) contains a limited exception to this rule: If by reason of death, sickness, or other disability, a judge before whom an action has been tried is unable to perform the duties to be performed by the court under these rules after verdict is returned or findings of…”
State v. Ward, 330 P.3d 203 (Wash. Ct. App. 2014). · cites it 3× “RCW 2.28.030 provides: A judicial officer is a person authorized to act as a judge in a court of justice.”
In Re Jaime v. Rhay, 365 P.2d 772 (Wash. 1961). “Petitioner contends that, since the superior court judge who entered the order of probation was not the one who sentenced him, the sentence was void under RCW 2.28.030, which provides, inter alia: “A judicial officer is a person authorized to act as a judge in a court of justice.”
In re the Marriage of Crosetto, 101 Wash. App. 89 (Wash. Ct. App. 2000). “” But CR 63(b) contains a limited exception to this rule: *96 If by reason of death, sickness, or other disability, a judge before whom an action has been tried is unable to perform the duties to be performed by the court under these rules after verdict is returned or findings…”
Mun. Court ex rel. Tuberg v. Beighle, 622 P.2d 405 (Wash. Ct. App. 1981). “See RCW 2.28.030. Because Tuberg was a judicial officer in a position provided for by the legislature pursuant to the state constitution, article 5, section 3 applies.”
State Of Washington, V. Terry Lee Keene (Wash. Ct. App. 2025). · cites it 4× “58373-9-II interested” under RCW 2.28.030 in the context of family relationships and securities-backed retirement accounts judges allegedly invested in).”
Show all 24 citing cases →
— Wash. Rev. Code § 2.28.030(1) — 2 cases
State Of Washington, V. Terry Lee Keene (Wash. Ct. App. 2025). “58373-9-II interested” under RCW 2.28.030 in the context of family relationships and securities-backed retirement accounts judges allegedly invested in).”
State Of Washington, V. Terry Lee Keene (Wash. Ct. App. 2025).
— Wash. Rev. Code § 2.28.030(2) — 14 cases
State v. Sims, 834 P.2d 78 (Wash. Ct. App. 1992). “The court stated that "RCW 2.28.030 requires only that the particular matter disposed of by a judge shall have been submitted to him according to law.”
State v. Soto, 727 P.2d 999 (Wash. Ct. App. 1986). “Soto was charged with second degree burglary and, after a trial to the court, was convicted of first degree criminal trespass and third degree malicious mischief as lesser included offenses of the charged offense. He now appeals the judgment and sentence, arguing that the crimes…”
State v. Bryant, 829 P.2d 209 (Wash. Ct. App. 1992). “3 The court held that RCW 2.28.030 requires only that the particular matter disposed of by a judge shall have been submitted to him according to law.”
DGHI, Enter. v. Pac. Cities, Inc., 977 P.2d 1231 (Wash. 1999). “[12] Following Judge McCutcheon's death, Petitioner filed a motion for new trial under *1233 RCW 2.28.030 and CR 63. [13] On December 13, 1995, the Honorable Peter Jarvis, King County Superior Court, denied the motion, [14] and on February 14, 1996 signed the findings of fact…”
In Re Marriage of Crosetto, 1 P.3d 1180 (Wash. Ct. App. 2000). “" But CR 63(b) contains a limited exception to this rule: If by reason of death, sickness, or other disability, a judge before whom an action has been tried is unable to perform the duties to be performed by the court under these rules after verdict is returned or findings of…”
— Wash. Rev. Code § 2.28.030(4) — 1 case
In re the Marriage of Catherine Allen & Jeffrey Allen (Wash. Ct. App. 2015).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.