State ex rel. Delgado v. Merrell

I respectfully dissent. In my opinion, Relator’s opportunity to automatically disqualify Judge Merrell pursuant to Rule 51.05 expired prior to May 26, 2000, when this case was tried and a judgment was entered. I do not believe that a new opportunity to do so arose after Judge Mer-rell was designated a second time as the judge in this action upon remand following appeal.

*473Rule 51.05 has traditionally afforded the civil litigant “a virtually unfettered right on one occasion to unilaterally disqualify a judge who is subjectively sensed to be partial, prejudiced or lacking in objectivity/' State ex…