State v. Zueger

LEVINE, Justice.

Douglas Zueger appeals from a judgment of conviction of gross sexual imposition, a class A felony. Zueger argues that it was error for the presiding district court judge to deny his demand for a change of judge. We affirm.

Section 29-15-21, NDCC, governs a demand for change of judge. At issue here is subsection (4) of that section which precludes a change, if the judge sought to be disqualified has “ruled upon any matter pertaining to the action or proceeding in which the moving party was heard or had an opportunity to be heard.” NDCC § 29-15-21(4).

Counsel for Zueger was…