[WSBARP] Can you disqualify a court commissioner?

Thu Oct 13 11:35:07 PDT 2022

I think you revise because you can't disqualify a commissioner and they
will have to handle the issue of the recusal. It forces the ball back in
their court whether they want it or not.

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On Thu, Oct 13, 2022 at 11:08 AM Andrew Hay <andrewhay at washingtonlaw.net>
wrote:

> It seems like a bit of a problem to change how things are being handled
> after the court has already made some rulings. It would be like filing an
> affidavit prejudice after the court had made a discretionary ruling.
> However, it is a good point that you don't really have a right of revision,
> unless maybe that is assigned to an out of county judge if you file for
> revision.  But the commissioner authority is also limited.  2.24.040.  So
> if this commissioner is making rulings outside of his/her authority, then
> you move to assign a visiting judge.  Or motion to change venue.
>
>
>
> *Andrew Hay*
>
> Hay & Swann PLLC
>
> 201 S. 34th St.
>
> Tacoma, WA 98418
>
> *www.washingtonlaw.net <http://www.washingtonlaw.net>*
>
> *andrewhay at washingtonlaw.net <andrewhay at washingtonlaw.net>*
>
> He/him/his
>
> 253.272.2400 (w)
>
> 253.377.3085 (c)
>
>
>
>
>
> *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> 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*
>
> 2707 Colby Avenue #1001 | Everett, WA  98201
>
> P.  (425) 252-5161 | F.  (425) 258-3345 |
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> ggibbs at andersonhunterlaw <https://www.facebook.com/AndersonHunterLaw/>
>
> www.andersonhunterlaw.com
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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
>
>
>
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