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RCW 4.44.180

Implied bias defined.

Applied in 25 court decisions — leading case 915 So. 2d 291 - State v. Juniors (2005)

Most recently applied in 3 Wash. 3d 718 - State v. Smith (September 2024)

2003 c 406 s 7; Code 1881 s 212; 1877 p 44 s 216; 1869 p 52 s 216; 1854 p 165 s 187; RRS s 330.

How often courts cite this section

196819801990200020102020202440
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

A challenge for implied bias may be taken for any or all of the following causes, and not otherwise:

(1) Consanguinity or affinity within the fourth degree to either party.

(2) Standing in the relation of guardian and ward, attorney and client, master and servant or landlord and tenant, to a party; or being a member of the family of, or a partner in business with, or in the employment for wages, of a party, or being surety or bail in the action called for trial, or otherwise, for a party.

(3) Having served as a juror on a previous trial in the same action, or in another action between the same parties for the same cause of action, or in a criminal action by the state against either party, upon substantially the same facts or transaction.

(4) Interest on the part of the juror in the event of the action, or the principal question involved therein, excepting always, the interest of the juror as a member or citizen of the county or municipal corporation.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.