State ex rel. Stephens v. Lamb

ORIGINAL PROCEEDING IN PROHIBITION

PREWITT, Judge.

The issue is whether relators may have more than one disqualification of judge under § 472.060, RSMol986. They earlier received such a disqualification and after respondent was assigned to hear the matter, sought to disqualify him under that section. Respondent refused to disqualify and upon relator’s petition, we issued a preliminary order in prohibition. Prohibition lies if, upon proper application, the judge fails to disqualify. State ex rel Raack v. Kohn, 720 S.W.2d 941, 943 (Mo. banc 1986).

Section 472.060, RSMol986, applies to the…