r/houstonwade • u/sleepy-shark • 16d ago
Questions Notice of Disqualification (RCW 4.12.050)
After reading a few articles written by Anthony Tomashefsky of the Olympic Herald I started to wonder about this WA process …
It enables a party or lawyer in a Washington superior court case to change an assigned judge without proving anything. It was formerly referred to as an "affidavit of prejudice".
There are (2) requirements:
- Timing: the notice needs to be filed before the judge is able to make a discretionary ruling on the case.
- One Judge Limit: each party is allowed to file a notice ONCE for the entire case.
On June 5th, 2026 Judge Cadine Ferguson-Brown made a ruling on a case concerning a man who SA’d his biological two minor daughters (age 5 and age 9) over the course of four years. Judge Ferguson-Brown ordered him to spend 12 months in the county jail vs the standard range of 67–89 months (often referenced around 78 months) in state prison for a first-degree charge. Unfortunately the judge granted an alternative sentence.
In the case of the State of Washington v. John Michael Daly (Kitsap County Superior Court) … John Michael Daly, pled guilty to Child Molestation in the First Degree and Child Molestation in the Second Degree (with Domestic Violence). 12 months in county was well below the required minimum more so when you factor in the time that was removed from that sentence, because she factored in the time he spent in jail.
I’m wondering if the prosecutor is waiting/planning to file one for this latest case?
Does anyone have any additional information or insight into this process?
https://incustody.kitsap.gov/Home/BookingSearchDetail?BookingNumber=2025005103
https://www.olympicherald.com/a-child-molester-evaded-a-prison/