How Can a Pro Se Litigant File for a Judge’s Recusal in King County Superior Court?

Question from mom2asher, How Can a Pro Se Litigant File for a Judge’s Recusal in King County Superior Court?

Answer from AI:

If you’re representing yourself in a case (known as a pro se litigant) and you believe that the judge assigned to your case cannot be impartial, you may want to request that the judge be recused, or removed, from your case. This process is governed by the Washington State Court Rules, Rule 63.

Steps to Request a Judge’s Recusal

1. Prepare a Motion for Recusal: This is a written document where you explain why you believe the judge cannot be impartial in your case. You must provide specific reasons, not just a general dissatisfaction with the judge’s decisions. The reasons could be a personal bias, a conflict of interest, or any other valid reason that might affect the judge’s impartiality.
2. File the Motion: Once your motion is prepared, you need to file it with the court. In King County, you can do this by visiting the King County Superior Court Clerk’s Office. You will need to pay a filing fee unless you qualify for a fee waiver.
3. Serve the Motion: After filing, you must serve a copy of the motion to all other parties in the case. This can be done by mail, in person, or through a process server.
4. Attend a Hearing: The court will schedule a hearing where you can present your reasons for the judge’s recusal. The judge in question will have the opportunity to respond to your allegations.

Considerations for Pro Se Litigants

As a pro se litigant, it’s important to understand that requesting a judge’s recusal is a serious matter and not a strategy to be used lightly. Judges are presumed to be impartial, and the burden of proof is on the party requesting the recusal to show otherwise.

If you’re unsure about the process or the strength of your reasons for a recusal, it may be beneficial to consult with a legal professional. Legal aid organizations, such as the King County Bar Association’s Legal Clinics, can provide free or low-cost advice.

Remember, this information is a general guide and may not apply to your specific situation. Always consult with a legal professional for personalized advice.