State ex rel. Bates v. Rea

ORIGINAL PROCEEDING IN PROHIBITION

PREWITT, Judge.

Following Relator’s petition in prohibition, this Court entered a preliminary order in prohibition. Relator contended that Respondent Judge improperly refused to disqualify following Relator’s filing of two motions to do so.

Respondent counters that the initial motion was filed after evidence was heard, and thus Relator waived the filing of the motion to disqualify. Respondent also asserts that Relator waived the right to disqualify Respondent by agreeing that the matter be assigned to him, and by proceeding after the judge disclosed that he was…