State Ex Rel. McNary v. Jones

Original proceeding in prohibition by the relator Prosecuting Attorney to bar the respondent Circuit Judge from proceeding in a criminal case after the Prosecuting Attorney under Rule 30.12 1 had filed in three days the ninth consecutive affidavit to disqualify the Judge.

As far as material here Rule 30.12 states: “The judge shall be disqualified if the defendant or the prosecuting attorney shall file an affidavit stating the defendant or the state cannot have a fair and impar tial trial by reason of the interest or prejudice of the judge.” We note initially that Rule 30.12 originally granted…