Kilgore v. Maass

Petitioner appeals from a judgment denying post-conviction relief. The question is whether the judge at his original trial, who had previously represented petitioner in an unrelated matter, was legally required to disqualify himself on his own motion. We hold that he was not and affirm.

Petitioner contends that the judge at his original trial should have disqualified himself under Canon 3C(1) of the Code of Judicial Conduct, which requires a judge to disqualify himself when his “impartiality might reasonably be questioned * * *.” The trial judge acknowledged in his affidavit that he had been…