Division III: Modification of Parenting Plan New Proceeding - Gets New Affidavit or Prejudice
Every party gets, as a matter of right, an affidavit of prejudice. You simply have to state you believe the judge won’t be impartial in your case, and you get a new judge. Attorneys use these sparingly, because judges have a memory as to who thought they couldn’t be impartial. You only get one of these per case though.
Now, some cases carry one, sometimes in new forms. Like in this case, where you are seeking to modify a previous order by a judge. Here, the proceeding was to modify a parenting plan. The Washington Supreme Court had already ruled that these were new proceedings. This means you’re not bound to the same judge as you had when the parenting plan was established. It also means you get one of those affidavits to get a new judge at your disposal. Here, the trial court judge did not honor that, and his failure to do so means the case gets remanded, and any actions carried out by that judge in the proceedings after the motion for a new judge was made are null and void.
While Issaquah Legal Services does not practice in Family Law at present (we hope to add a Family Law attorney to our rosters soon), we are more than happy to recommend a good Family Law Attorney.