State ex rel. Exe v. Hargreaves

This mandamus proceeding involves two cases. As in State ex rel Ray Wells, Inc. v. Hargreaves, 306 Or 610, 761 P2d 1306 (1988) (also decided today), the question presented was the constitutionality of the judge-disqualification statutes. In both Wells and this proceeding, alternative writs were issued. In each proceeding, the defendant filed a motion to dismiss. In Wells, we held ORS 14.250 and 14.260(1), as amended by Oregon Laws 1987, chapter 338, to be constitutional. Here, however, we conclude that the affidavits required by statute were insufficient to support relator’s motions to…