[WSBARP] Can you disqualify a court commissioner?

Tom Lee rtl at rtleelaw.attorney
Thu Oct 13 10:51:19 PDT 2022


Thank you, Geoffrey. I appreciate that analysis. I hope to hear from other
practitioners - indeed, this is an interesting situation.

On Thu, Oct 13, 2022 at 10:43 AM G. Geoffrey Gibbs <
ggibbs at andersonhunterlaw.com> wrote:

> Interesting situation.  Generally, a litigant does not have the right to
> automatically disqualify a court commissioner largely because there exists
> a right under RCW 2.24.050 to seek revision of a commissioner’s ruling by a
> sitting judge.  But if the entire bench of sitting judges have recused
> themselves, the right to seek revisions becomes rather problematic.
> Assuming the order designating the Court commissioner does not designate
> that jurist as a “judge pro tem” (for which both parties would have to
> agree), my suggestion is a motion to change venue to another county.
>
>
>
> [image: A black sign with white text Description automatically generated]
>
> *G. Geoffrey Gibbs*
>
> *Anderson Hunter Law Firm*
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> 2707 Colby Avenue #1001 | Everett, WA  98201
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Tom Lee
> *Sent:* Thursday, October 13, 2022 10:32 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Can you disqualify a court commissioner?
>
>
>
> All - I have an interesting quiet title action where the entire Superior
> Court bench recused themselves because my client is an elected official for
> the county where the litigation is taking place. The judges selected a
> court commissioner to handle the case. The court commissioner is new to the
> bench, inexperienced in civil litigation, and has displayed bias in
> previous rulings against me. I want the Commissioner disqualified, but I do
> not want to escalate things unnecessarily. However, is it even possible to
> disqualify a court commissioner? I have heard it is not, but I am in need
> of authority one way or the other.
>
>
>
> Thanks!
>
> -Tom
>
>
>
> --
>
> *TOM LEE*
>
> Attorney
>
> *R. THOMAS LEE, PLLC* | Attorney and Counselor at Law | A Professional
> Limited Liability Company
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> Direct: 425-219-6736
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> rtl at rtleelaw.attorney | website: www.rtleelaw.attorney
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-- 

*TOM LEE*

Attorney

*R. THOMAS LEE, PLLC* | Attorney and Counselor at Law | A Professional
Limited Liability Company

Direct: 425-219-6736

rtl at rtleelaw.attorney | website: www.rtleelaw.attorney

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