Wash. Rev. Code » Title 4 · Chapter 4.12
Revised Code of Washington

Wash. Rev. Code § 4.12.050 (2026)

Notice of disqualification

✓ current as of May 2026
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(1) Any party to or any attorney appearing in any action or proceeding in a superior court may disqualify a judge from hearing the matter, subject to these limitations:
(a) Notice of disqualification must be filed and called to the attention of the judge before the judge has made any discretionary ruling in the case.
(b) In counties with only one resident judge, the notice of disqualification must be filed not later than the day on which the case is called to be set for trial.
(c) A judge who has been disqualified under this section may decide such issues as the parties agree in writing or on the record in open court.
(d) No party or attorney is permitted to disqualify more than one judge in any matter under this section and RCW 4.12.040.
(2) Even though they may involve discretion, the following actions by a judge do not cause the loss of the right to file a notice of disqualification against that judge: Arranging the calendar, setting a date for a hearing or trial, ruling on an agreed continuance, issuing an arrest warrant, presiding over criminal preliminary proceedings under CrR 3.2.1, arraigning the accused, fixing bail, and presiding over juvenile detention and release hearings under JuCR 7.3 and 7.4.
(3) This section does not apply to water right adjudications filed under chapter 90.03 or 90.44 RCW. Disqualification of judges in water right adjudications is governed by RCW 90.03.620.
[ 2017 c 42 s 2; 2009 c 332 s 20; 1941 c 148 s 1; 1927 c 145 s 2; 1911 c 121 s 2; Rem. Supp. 1941 s 209-2.]

Notes:

Rules of court: Demurrers abolished—CR 7(c).
Application—2009 c 332: See note following RCW 90.03.110.
Notes of Decisions
Cited in 152 cases (27 in the last 5 years), 1955–2026 · leading case: LaMon v. Butler, 770 P.2d 1027 (Wash. 1989).
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LaMon v. Butler, 770 P.2d 1027 (Wash. 1989). · cites it 13× “RCW 4.12.050. We have summarized the effect of these statutes as follows: Under these statutes and under our decisions a party litigant is entitled, as a matter of right, to a change of *202 judges upon the timely filing of a motion and affidavit of prejudice against a judge…”
State v. Belgarde, 837 P.2d 599 (Wash. 1992). · cites it 14× “Review of RCW 4.12.050 and article 4, section 7 of the Washington State Constitution indicates Belgarde's affidavit was not timely filed and the retired trial judge had authority to preside over the retrial.”
State v. Dennison, 801 P.2d 193 (Wash. 1990). · cites it 8× “Finally, Dennison argues that his trial counsel had an independent right to file an affidavit of prejudice.”
In Re the Recall of Lindquist, 258 P.3d 9 (Wash. 2011). · cites it 8× “A motion shall be made in writing and shall set forth the relief sought.”
Marine Power & Equip. Co. v. Dep't of Transp., 687 P.2d 202 (Wash. 1984). · cites it 13× “040 and RCW 4.12.050. We hold that petitioner was entitled to a change of judge and accordingly reverse.”
State v. Hansen, 714 P.2d 309 (Wash. Ct. App. 1986). · cites it 24× “The judge declined to recuse himself, for various reasons, including but not limited to the inconvenience to prospective jurors then waiting for the trial to begin.”
Godfrey v. Ste. Michelle Wine Estates, Ltd., 453 P.3d 992 (Wash. 2019). · cites it 12× “Former RCW 4.12.050. We hold that a stipulated order extending discovery deadlines that does not delay the trial or otherwise affect the court's schedule is an order arranging the calendar under former RCW 4.”
State v. Parra, 859 P.2d 1231 (Wash. 1993). · cites it 12× “The court also held that, although the trial judge had granted motions made in the case at an earlier omnibus hearing, the motions were in the nature of stipulations and therefore the judge did not exercise his discretion within the meaning of RCW 4.12.050. This court accepted…”
State v. Belgarde, 815 P.2d 812 (Wash. Ct. App. 1991). · cites it 10× “Prior to withdrawing, however, the attorney filed an affidavit for a change of judge pursuant to RCW 4.12.050. Judge Deierlein denied the affidavit because he had made discretionary rulings in the preceding trial.”
State v. Tarabochia, 150 Wash. 2d 59 (Wash. 2003). · cites it 14× “Interpretation of RCW 4.12.050 Tarabochia claims that the Court of Appeals erred in affirming the trial court’s rejection of his affidavit of prejudice.”
State v. Tarabochia, 74 P.3d 642 (Wash. 2003). · cites it 15× “Interpretation of RCW 4.12.050 Tarabochia claims that the Court of Appeals erred in affirming the trial court's rejection of his affidavit of prejudice.”
State v. Espinoza, 774 P.2d 1177 (Wash. 1989). · cites it 10× “They are: (1) Whether an affidavit of prejudice pursuant to RCW 4.12.050 can be used to peremptorily disqualify a superior court commissioner from hearing a criminal case in the juvenile court; and (2) Whether, under the facts of this case, the State established a prima facie…”
Show all 152 citing cases →
— Wash. Rev. Code § 4.12.050(1) — 36 cases
State v. Gentry, 356 P.3d 714 (Wash. 2015).
In Re the Recall of Lindquist, 258 P.3d 9 (Wash. 2011). “A motion shall be made in writing and shall set forth the relief sought.”
State Of Washington v. Travis Lee Lile, 373 P.3d 247 (Wash. Ct. App. 2016).
State v. Hawkins, 265 P.3d 185 (Wash. Ct. App. 2011).
In re the Parenting Plan of Hall, 339 P.3d 178 (Wash. Ct. App. 2014).
— Wash. Rev. Code § 4.12.050(1)(a) — 21 cases
State of Washington v. Spokane Cnty. Dist. Court (Wash. Ct. App. 2020).
Brenda Welch, V. Pemco Mut. Ins. Co. (Wash. Ct. App. 2024).
State Of Washington, V. John Michael Sanchez (Wash. Ct. App. 2022).
Grady Austin, V. King Cnty. (Wash. Ct. App. 2024).
Bonita Kelleher v. Chad A. Pierce (Wash. Ct. App. 2025).
— Wash. Rev. Code § 4.12.050(1)(d) — 3 cases
Jessica Lee Bodge v. Brian Eugene Bodge (Wash. Ct. App. 2019).
Bonita Kelleher v. Chad A. Pierce (Wash. Ct. App. 2025).
Tracy L. Honl, V Brian J. Davidson (Wash. Ct. App. 2026).
— Wash. Rev. Code § 4.12.050(2) — 8 cases
Kenneth & Andrea Benningfield v. Fisher Constr. Grp., Inc. (Wash. Ct. App. 2020).
State of Washington v. Spokane Cnty. Dist. Court (Wash. Ct. App. 2020).
State Of Washington, V Anthony D. Jenkins (Wash. Ct. App. 2026).
City Of Snoqualmie v. C.a. Carey Corp. (Wash. Ct. App. 2018).
State ex rel. Haskell v. Spokane Cnty. Dist. Court (Wash. 2021).
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