Masten v. State

Richard Masten seeks a writ of prohibition contending the trial judge erred in denying his motion to disqualify. We find the motion was legally sufficient to require recusal.

Masten was charged with direct criminal contempt, found guilty, and sentenced to probation. He moved for a stay of his sentence, which was denied. He then sought review of the denial. In the meantime, Masten was charged with violating his probation.

On learning that Masten sought review of the denial' of the stay, the trial judge sent the Attorney General’s Office a twenty-one paragraph email containing various arguments…