King v. SUPERIOR COURT, IN & FOR COUNTY OF MARICOPA

HAYS, Chief Justice.

This case is before us on a petition for special action brought by Joseph and Bette King against the Superior Court of Maricopa County, two judges thereof, and Dr. Thomas H. Taber, Jr., real party in interest. We accepted jurisdiction on October 3, 1972.

The Kings are plaintiffs in a malpractice action in the Superior Court, where Dr. Thomas H. Taber, Jr., is the defendant. The parties stipulated in writing that the case would be tried before the Honorable Anthony T. Deddens, a judge of that court. It was tried to a jury in his court and resulted in a mistrial on November…