State Ex Rel. Ray Wells, Inc. v. Hargreaves

The majority concludes that ORS 14.250 and 14.260 (1), as amended in 1987,1 do not violate the Oregon Constitution’s prohibition against one department of government unduly interfering with the functions of another department. These statutes provide for the disqualification of a judge upon the filing of a conclusory affidavit stating that the party (or the party’s attorney) believes that he or she “cannot have a fair and impartial trial or hearing” before the judge assigned to the case. The affidavit need not contain allegations of facts or circumstances supporting this belief. A judge…