Ross v. Superior Court

HAIRE, Chief Judge,

Division 1.

In this petition for a special action we are called upon to decide whether a party filing a petition for modification of a divorce decree is entitled as a peremptory right to disqualify a judge who heard the original case. Assuming the absence of a peremptory right, a subsidiary issue in this case is whether the filing party waived her right to disqualify the judge for cause.

The relevant facts are as follows. On September 16, 1968, the respondent judge, *10the Honorable Morris Rozar, heard the divorce action between Marie Ross (petitioner herein and in the Superior…