Recently Greg and I were asked if a case could be moved to another court, or at least could a new judge be appointed to the case. Well … moving the case to a different court house was probably not in the cards, but getting a new judge … that possibly could have been done. Why? Well there is something called an ‘affidavit of prejudice’.
Pursuant to CrRLJ 8.9 and RCW 3.34.110 a judge may disqualified for any reason as long as they have not made any ‘discretionary’ ruling in the case, and as long as a person has filed a Motion for Change of Judge within the 10 day time period of knowing who the judge assigned to the case will be.
There may even be some wiggle room if a judge has set conditions of release at a person’s arraignment hearing (where the entry of a not guilty plea is entered), so long as the person’s motion is otherwise timely; in other words, the judge can be removed from presiding over a person’s case (and would be precluded from making any further decisions on the case) so long as the Motion for Change of Judge is made timely.
Generally, a qualified Seattle criminal defense attorney will know what judges should, or should not, preside over a case. Some judges have biases in certain instances, as we all do. For instance, some judges, because of personal issues, should not preside over a domestic violence related case. Maybe she had a loved one harmed by another, or perhaps she herself went through a bad divorce and has a bias towards a certain defendant who was in a like circumstance.
It is crucial in any defense to understand who is wearing the black robe. Only a seasoned Seattle criminal defense Lawyer will have the knowledge necessary to best represent someone facing a criminal charge in Washington State. The Seattle criminal attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle criminal defense lawyers that are dedicated to providing top notch, aggressive representation for those cited for unlawful offenses all across Western Washington and the Greater Puget Sound region. The team creates success by working with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances of the given case.