State v. Gavette

HAGEN, Judge:

¶1 When faced with a motion to disqualify, a judge has only two options: grant the motion or certify the motion to a reviewing judge for decision. Under rule 29(b)(2)(A) of the Utah Rules of Criminal Procedure, "[t]he judge shall take no further action in the case until the motion is decided." Failure to comply with this rule renders void any further proceedings presided over by that judge. Because this case proceeded to trial despite a pending motion to disqualify the judge, we must vacate the conviction and remand for a new trial.

BACKGROUND

¶2 Kevin Gavette was charged with one…