State ex rel. Hendricks v. Hrko

MILLER, Justice:

We issued a rule to show cause in this original proceeding for a writ of prohibition to determine the proper procedure to be followed when a party to a divorce proceeding pending before a family law master seeks to disqualify the family law master.

In September of 1991, the McDowell County family law master presided over a divorce proceeding between the relator, Donna A. Hendricks, and the respondent, James L. Hendricks, Jr. At one point therein, the eleven-year-old child of the parties was called to testify. As the child entered the courtroom, he pointed at the relator and…