Legal Opinion

Stein v. Speer

New Mexico Supreme Court

Decided July 13, 1973No. 9670Published

1Opinion of the Court

OPINION

STEPHENSON, Justice.

The issue here is whether Mr. Stein effectively disqualified the Honorable Nils T. Kjellstrom, Small Claims Court Judge and predecessor of Judge Speer.

Mr. Stein was sued on an account by Texaco, and attempted to disqualify Judge Kjellstrom by an "Affidavit of Disqualification” in which he said that he did “hereby disqualify Judge Nils T. 'Kjellstrom, Small Claims Court judge, from this case for the reason that I do not believe that Judge Kjellstrom can or will preside over this action or proceeding with impartiality.”

Judge Kjellstrom promptly entered an order…

2Cases cited2 opinions

  1. State Ex Rel. Miera v. ChavezNew Mexico Supreme Court · 1962
  2. In Re Estate of TarltonNew Mexico Supreme Court · 1972

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