Revised Code of Washington
Wash. Rev. Code § 42.36.090 (2026)
Participation of challenged member of decision-making body
✓ current as of May 2026
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In the event of a challenge to a member or members of a decision-making body which would cause a lack of a quorum or would result in a failure to obtain a majority vote as required by law, any such challenged member(s) shall be permitted to fully participate in the proceeding and vote as though the challenge had not occurred, if the member or members publicly disclose the basis for disqualification prior to rendering a decision. Such participation shall not subject the decision to a challenge by reason of violation of the appearance of fairness doctrine.
[ 1982 c 229 s 9.]
Notes of Decisions
Cited in 2
cases, 1995–1999 · leading case: Jackstadt v. Washington State Patrol, 976 P.2d 190 (Wash. Ct. App. 1999).
Jackstadt v. Washington State Patrol, 976 P.2d 190 (Wash. Ct. App. 1999). “The doctrine of necessity is also set forth in RCW 42.36.090, the statute pertaining to appearance of fairness.”
Bjarnson v. Kitsap Cnty., 899 P.2d 1290 (Wash. Ct. App. 1995). “RCW 42.36.090. The only alleged improper conduct was by Horsley.”
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