Roy v. Tomlinson

This petition for writ of prohibition filed by Robert David Roy seeks review of an order which denied his motion to disqualify the county judge to whom his petition for habeas corpus had been assigned. Upon consideration of the response to our order to show cause, we grant the petition for the following reasons.

Petitioner sought a writ of habeas corpus in the circuit court. The case was assigned to County Judge George H. Pierce for a disposition on the merits. Petitioner moved to disqualify Judge Pierce on grounds that the county judge was not qualified to preside over a habeas corpus action…