Nunez v. Backman

KLEIN, Judge.

We grant respondent’s motion for clarification, withdraw our opinion of September 21, 1994, and substitute the following opinion.

Petitioner seeks a writ of prohibition as a result of an order denying his motion for disqualification of the trial judge. Petitioner’s sworn allegations were that: (1) the trial judge had requested and received a covertly recorded videotape of petitioner conferring with his counsel without advising petitioner of the tape’s existence; and (2) the trial judge had given advice to the individual who had recorded the tape regarding the propriety of his…