Legal Opinion · Concurrence

Webber v. Webber

Court of Appeals of Alaska

Decided September 6, 1985No. A-873Published

1ConcurrenceSingleton, Judge

I agree with Judge Coats’ decision that a party who fails to make a timely perempto*331ry challenge of a trial judge in a domestic-relations proceeding pursuant to Alaska Rule of Civil Procedure 42(c)(3) and (4), may not later preemptorily challenge that judge in a criminal contempt proceeding brought to enforce the domestic-relations judgment. See Alaska R.Crim.P. 25(d). I agree that we should follow McClenny v. Superior Court of Los Angeles County, 60 Cal.2d 677, 36 Cal.Rptr. 459, 388 P.2d 691 (1964).

I believe the proper decision in this case is foreshadowed in a number of Alaska Supreme Court…

2Cases cited24 opinions

  1. State v. BrowderAlaska Supreme Court · 1971
  2. Jacobs v. Superior CourtCalifornia Supreme Court · 1959
  3. Johansen v. StateAlaska Supreme Court · 1971
  4. McClenny v. Superior CourtCalifornia Supreme Court · 1964
  5. United States v. Howard WendyCourt of Appeals for the Second Circuit · 1978

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