Legal Opinion

Condosta v. Condosta

Supreme Court of Vermont

Decided February 6, 1979No. 80-78PublishedCited by 14 opinions

1Opinion of the CourtBarney, C.J.

A motion to disqualify the Court as constituted was made in this case, based on a claim of prejudice. Disqualification is a sensitive concern for judges, and if the slightest question exists, all doubts should be resolved in its favor. See Code of Judicial Conduct, Canon 3C, 12 V.S.A. App. VIII, A.O. 10. However, if it appears that the motion is frivolous, or made to delay proceedings, or has no foundation justifying recusal, it should be denied. Finding the supporting allegations to be unfounded in this case, the motion is therefore denied.

The litigation on appeal involves the interruption…

2Cases cited3 opinions

  1. Burleson v. Caledonia Sand & Gravel Co.Supreme Court of Vermont · 1969
  2. Johnson v. HoisingtonSupreme Court of Vermont · 1976
  3. In Re Will of MontgomerySupreme Court of Vermont · 1960

3Cited by14 opinions

  1. Senesac v. Assoc. in Obstetrics & GynecologySupreme Court of Vermont · 1982
  2. Richard v. RichardSupreme Court of Vermont · 1985
  3. In Re Justice HillSupreme Court of Vermont · 1989
  4. O'Bryan Const. Co., Inc. v. Boise Cascade Corp.Supreme Court of Vermont · 1980
  5. Board of Medical Practice v. Perry-HookerSupreme Court of Vermont · 1981

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