In Re White

OPINION

NESBETT, Chief Justice.

The juvenile petitioner herein moved to peremptorily disqualify Superior Court Judge Harold J. Butcher, Judge of the Family Court for the Third Judicial District of Alaska, under the provisions of AS 22.20.022.1

*814After conducting a hearing on the motion for disqualification Presiding Judge Ralph E. Moody denied the motion on the ground that it was not timely filed, as required by statute, “within five days after the case is at issue upon a question of fact, or within five days after the issue is assigned to a judge, whichever event occurs later * * and on the…