State Ex Rel. Mountjoy v. Bonacker

SHRUM, Presiding Judge.

The relator Thomas E. Mountjoy, Prosecutor of Greene County, seeks a writ of prohibition to disqualify the respondent, the Honorable Don Bonacker, from proceeding in a criminal case pending in the Greene County Circuit Court. On October 31, 1991, this court issued a preliminary writ in prohibition.

At issue is the change of judge rule, Supreme Court Rule 32.07, specifically the notice provision which appears in subsec*243tion (d).1 The question presented is whether the respondent properly refused to sustain the relator’s application because the Rule 32.07(d) notice did not…