§53.2.7 Significant Authorities

• Jurisdiction: Washington

§53.2.7 SIGNIFICANT AUTHORITIES

Richard D. Hicks, The Power, Removal, and Revision of Superior Court Commissioners, 32 Gonz. L. Rev. 1 (1996-97).

An affidavit of prejudice cannot be used to disqualify a commissioner. The sole remedy for challenging orders and judgments of court commissioners is a revision hearing. State v. Espinoza, 112 Wn.2d 819, 774 P.2d 1177 (1989).

A demand for revision of a commissioner's ruling has been characterized as an appeal to the superior court. However, it is a constitutionally protected right and has been held to authorize broader review than review by the Court of Appeals. State v. Wicker, 105 Wn.App. 428, 432, 20 P.3d 1007 (2001).

The revising judge cannot, as a general rule, consider evidence not presented to the commissioner, but "if appropriate" the judge may remand to the commissioner for the taking of additional evidence. In re Moody, 137 Wn.2d 979,992-93, 976 P.2d 1240 (1999); In re Marriage ofBalcom & Fritchle, 101 Wn.App. 56, 59, 1 P.3d 1174 (2000).

The standard for review in a motion for...