Wash. Rev. Code » Title 34 · Chapter 34.05
Revised Code of Washington

Wash. Rev. Code § 34.05.458 (2026)

Separation of functions

✓ current as of May 2026
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(1) A person who has served as investigator, prosecutor, or advocate in an adjudicative proceeding or in its preadjudicative stage, or one who is subject to the authority, direction, or discretion of such a person, may not serve as a presiding officer in the same proceeding.
(2) A person, including an agency head, who has participated in a determination of probable cause or other equivalent preliminary determination in an adjudicative proceeding may serve as presiding officer or assist or advise a presiding officer in the same proceeding unless a party demonstrates grounds for disqualification in accordance with RCW 34.05.425.
(3) A person may serve as presiding officer at successive stages of the same adjudicative proceeding unless a party demonstrates grounds for disqualification in accordance with RCW 34.05.425.
[ 1988 c 288 s 417.]
Notes of Decisions
Cited in 2 cases, 2006–2006 · leading case: Nationscapital Mortg. Corp. v. Dep't of Fin. Institutions, 133 Wash. App. 723 (Wash. Ct. App. 2006).
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Nationscapital Mortg. Corp. v. Dep't of Fin. Institutions, 133 Wash. App. 723 (Wash. Ct. App. 2006). · cites it 2× “RCW 34.05.458(1). But the mere participation in a preliminary determination of probable cause does not provide a ground for disqualification.”
Nationscapital Mortg. Corp. v. STATE, DFI, 137 P.3d 78 (Wash. Ct. App. 2006). “RCW 34.05.458(1). But the mere participation in a preliminary determination of probable cause does not provide a ground for disqualification.”
— Wash. Rev. Code § 34.05.458(1) — 2 cases
Nationscapital Mortg. Corp. v. Dep't of Fin. Institutions, 133 Wash. App. 723 (Wash. Ct. App. 2006). “RCW 34.05.458(1). But the mere participation in a preliminary determination of probable cause does not provide a ground for disqualification.”
Nationscapital Mortg. Corp. v. STATE, DFI, 137 P.3d 78 (Wash. Ct. App. 2006). “RCW 34.05.458(1). But the mere participation in a preliminary determination of probable cause does not provide a ground for disqualification.”
— Wash. Rev. Code § 34.05.458(2) — 1 case
Nationscapital Mortg. Corp. v. Dep't of Fin. Institutions, 133 Wash. App. 723 (Wash. Ct. App. 2006). “RCW 34.05.458(1). But the mere participation in a preliminary determination of probable cause does not provide a ground for disqualification.”
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