State ex rel. Hertzog v. Young

LAURA DENVIR STITH, Judge.

The issue in this case concerns who should be the permanent custodian of 8-year-old K.B. Intervenors Don and Juanita Hertzog ask us to issue a writ of prohibition ordering Respondent to take no further action in this case except to grant their motion to disqualify her under Rule 51.05. We decline to issue a writ on this basis. Rule 51.05 requires that a motion to disqualify (other than one for cause) be filed within 30 days of the time the trial judge is designated. We hold that Judge Young was designated as trial judge on January 1, 1995, when she took over the *417Divis…