Utilizing the Affidavit of Prejudice (aka Disqualification of a Judge)
People often ask me, can I get a judge who is assigned to my case removed from my case? The answer is yes, if you do it timely and they haven't made any discretionary ruling. What is a discretionary ruling? That is a ruling wherein the judge has exercised "discretion," for example, granting a motion for a continuance or making a ruling on an evidentiary issue, etc. What is not a discretionary ruling (as outlined under RCW 3.34.110) is when the judge has simply arranged the calendar (set a case for trial) or set bail or conditions of release.
If you are concerned about a particular judge hearing your DUI case, it is essential your Washington State DUI Lawyer is familiar with both the court rule and statute for removal of judges.
As a seasoned Seattle DUI Attorney I have made a motion for a change of judge numerous times when I feel a particular judge has a bias or simply cannot understand intricate legal issues. Prosecutors may also use this Motion to remove a judge for similar reasons.
The thing your Seattle DUI Lawyer has to remember is that you may only exercise this Motion for a Change of Judge once on your case, once it is used, you are then stuck with the judge assigned no matter if you like them or not.
There is a specific timing element for exercising this change of judge under the rule as well, it is 10 days from the date of arraignment or 10 days from actual notice of assignment to a particular judge. Your DUI Attorney needs to be very familiar with each judge in each courthouse as well as the normal pro-tem judges who fill in from time to time.
Keeping a judge or removing them can be crucial to your case so call today if you have questions about your Washington State DUI Arrest (425) 522-4200.