STATE EX REL. MANION v. Elliott

WILLIAM RAY PRICE, JR., Chief Justice.

I. Introduction

Skylar Manion moved for a change of judge for his probation revocation hearing. The Honorable R. Brent Elliott (“Respondent”) denied the motion. Manion applied to this Court to prohibit Respondent from proceeding, and a preliminary writ in prohibition issued.

Because probation revocation is a civil proceeding, a request for a change of judge is governed by Rule 51.05. Rule 51.05 provides for a change of judge, without cause, if a defendant timely files an application for change of judge. Manion filed a timely application and is entitled to a…