[WSBARP] Can you disqualify a court commissioner?

Thu Oct 13 10:54:49 PDT 2022

You're welcome and good luck.  If you get a change of venue (or more correctly, ask for appointment of an out-of-county judge (saves you an additional filing fee, etc.), all the hearings will be in the court of the new out-of-county judge but if trial is needed, it will be held in your county and Cowlitz will send one of their judges to replace the one you are getting.

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G. Geoffrey Gibbs
Anderson Hunter Law Firm
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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 10:51 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Can you disqualify a court commissioner?

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<mailto: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.

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Anderson Hunter Law Firm
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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

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