State v. Hansen

Petitioner appeals from a denial of his motion for a change of trial judge pursuant to RCW 4.12-.040 and .050. The Court of Appeals affirmed the denial, concluding that to allow a change of judge under the circumstances—where the affidavit of prejudice had been filed immediately before trial for the admitted sole purpose of postponing the trial—would lead to an absurd result. State v. Hansen, 42 Wn. App. 755, 759-60, 714 P.2d 309 (1986); see Marine Power & Equip. Co. v. Department of Transp., 102 Wn.2d 457, 465, 687 P.2d 202 (1984). We too affirm the denial but on different grounds.

The facts…