State Ex Rel. Kafoury v. Jones

In this original mandamus proceeding, the issue is whether a motion to disqualify a judge under ORS 14.260(1), set out infra, should be granted where the moving party acts in good faith and not for purposes of delay in bringing the motion, and the grounds for the motion are not irrational. We conclude that, in the circumstance specified, the motion should have been granted. We conclude that a peremptory writ should issue in this case.

Plaintiff-relator, an attorney representing the plaintiff in a civil action before the Circuit Court for Multnomah County, moved to disqualify the Honorable Lee…