Bower v. Morden

MeDEVITT, Chief Justice.

In this case we are asked to decide if the right to judicial disqualification without cause under I.C.R. 25(a) may be limited due to the number of cases in which a party exercises the right against an individual judge. We hold that it may not, and that in this case the writs of prohibition and mandate are available as remedies to enforce the right.

Plaintiff - Appellant - Cross - Respondent, Greg H. Bower, Ada County Prosecuting Attorney (Bower), appeals from a district court ruling denying his request for a writ of mandate and writ of prohibition to prevent…