State Ex Rel. McKendry v. District Court of Fourth Judicial District Ex Rel. County of Lake

I dissent to the denial of a writ of supervisory control in this case. I would accept jurisdiction, grant supervisory control, and direct the district judge to call in another district judge for further proceedings in the cause involving the petitioner.

I would grant the writ of supervisory control not because I have any fear that the petitioner could not receive a fair trial from the presiding district judge, the Honorable Douglas G. Harkin. Undoubtedly Judge Harkin assumed, since he had removed himself voluntarily from the case, and was not disqualified by affidavit or motion, that he could…