Strain Ex Rel. Strain v. Foster

This is an original proceeding in mandamus to require the respondent, a circuit judge, to allow the motion of petitioner, a defendant in a criminal proceeding, for a change of judge pursuant to ORS 14.260, and based upon an affidavit by petitioner’s attorney alleging that respondent was prejudiced against the defendant and his attorney. We allowed an alternative writ of mandamus ordering respondent either to withdraw or to show cause why he should not do so.

The answer to the alternative writ denied that respondent was prejudiced; that petitioner’s attorney had any rational basis for belief…