State v. Norman

Defendant appeals his jury conviction on a charge of second-degree malicious mischief. We reach only one issue: Did the trial judge err in refusing to honor an affidavit of prejudice?

RCW 4.12.050 provides, in part, that:

in counties where there is but one resident judge, such motion and affidavit [of prejudice] shall be filed not later than the day on which the case is called to be set for trial

(Italics ours.) This action was filed in a 1-judge county. The defendant's trial was called for setting the same day that he was arraigned and counsel was appointed to represent him. Three weeks later,…