Legal Question in Criminal Law in Washington

Re: Requesting a different judge.

You get a new judge, which can only be done once in this way so you are usually stuck with the second judge, by submitting an affidavit of prejudice form. This form declares that you feel the judge cannot be impartial in your case. It does not require that you state why you feel that way. Good luck with your case.

Re: Requesting a different judge.

There are time strict limits in which you must submit the �automatic� affidavit of prejudice, or AOP for short. Under rule 8.9 of the district court criminal procedure rules, you have only 10 days (including weekends) in which to file an AOP, once you learn who the trial judge is going to be. Also, if your judge has already made some sort of discretionary ruling in your case, you can no longer file an AOP against that judge. A discretionary ruling is where the judge hears a motion to compel, a motion to suppress, or a motion to continue, etc. If you can meet this deadline, then the court must remove the judge, no questions asked.

The only exception to the 10 days is where you know of some specific reason under which you believe the judge assigned to your case is prejudice against you. But unlike the automatic AOP, you will have to tell the judge in writing the reason you think he or she is prejudice towards you. I don�t recommend doing this unless you have some really good reasons. Judges always think they are fair and if your only reason for switching judges is purely personal preference, your request for an AOP will be denied, and you risk massively upsetting and insulting the judge who will be on your case.