Lee v. Hester

While I concur in the result of the majority opinion — that a writ of prohibition should issue to stop this unauthorized abdication of judicial duty — I disagree with its reasoning.

The majority bases its decision on the underlying premise that in equitable matters, compulsory reference is a discretionary power of the court. It sees this power as “inherited” from ancient chancellors and still existing as before, except where specifically restricted by statute. From this perspective, the majority finds the compulsory references before us unacceptable because they contravene “accepted equity…