Osborne v. District Court of Ninth Judicial District

ROSE, Chief Justice.

The petitioner, Larry Dean Osborne, seeks the issuance of a writ of prohibition to prevent District Judge W.J. Nicholas from further acting or presiding in a divorce action filed by Janice Carol Osborne in the District Court of the Ninth Judicial District. The filing of the action in this court came about as a result of the district judge’s refusal to remove himself and to appoint another district judge to hear the matter as provided by Rule 40.1(b)(1) W.R. C.P.1

*126Under the facts set out herein, we find the trial judge’s denial of petitioner’s Rule 40.1(b)(1) rights to be…