In Re the Marriage of Lemon

This matter concerns refusal of a trial court to recognize an affidavit of prejudice which was timely filed; it met completely the requirements of RCW 4.12.050. The affidavit was not timely according to former Pierce County Local Rule 12 which requires filing of the affidavit "as soon as the presenting party has knowledge that the case has been assigned to that judge."

The requirement of the local rule conflicts with RCW 4.12.050 and our cases. Nonetheless, Division Two of the Court of Appeals affirmed. In re Marriage of Lemon, 59 Wn. App. 568, 799 P.2d 748 (1990).

This court granted a petition…