Dominguez v. State

OPINION

MANNHEIMER, Judge.

This case presents a controversy concerning the authority of a judge to play a further role in litigation after the judge has been peremptorily challenged.

At common law, a disqualified judge was not wholly barred from further participation in the case. Rather, the judge was permitted to take purely administrative or "ministerial" actions in the case-i.e., actions that do not involve a resolution of any of the issues raised in the litigation and that do not otherwise affect the litigation rights of the parties. 1

However, Alaska Criminal Rule 25(d)(@8) codifies a…