D.W.H. v. Department of Children & Families

I concur in the majority decision of this court to deny the petitioner’s request for a writ of mandamus in the proceeding to find the petitioner’s children dependent.

This court cannot compel Judge Dawson to file perjury charges against employees of the Department of Children and Family Services. The decision of whether and how to prosecute for perjury is within the exclusive jurisdiction of the executive branch. Therefore, the trial judge has no duty to prosecute and cannot be compelled to do so.

Likewise, this court cannot require the judge to grant the motion to disqualify himself; mandamus…