Cook v. Rowland

I agree with the opinion of the court that this case should be remanded for further proceedings before another judge. But I disagree as to how this result is reached. I write separately to set out (1) why Cook's peremptory challenge must be given effect *268and (2) why a new judge on remand-not this court-should decide all matters remaining in this case, including the fate of the motion to set aside the default.

1. The Superior Court Erroneously Denied Cook's Peremptory Challenge as Untimely.

Cook argues that the superior court erred when it dismissed his peremptory challenge as untimely. Litigants…