vislaw
Verified Forensic Consultant
- Joined
- Oct 10, 2019
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Since they asked for disqualification without cause, wouldn't they ask for disqualification WITH a cause, and then state conflict of interest? I am so far from being a lawyer, so I'm only guessing on this one. Also, sort of a side question: you were at the service for TD, correct? And LVD was there...this would be the memorial in Rexburg, and not the funeral in Springville, right? Just trying to keep facts straight. Not an easy task.
Idaho has an interesting provision in their criminal code that permits a party to disqualify one judge without needing to state cause and the motion has to be granted (I.C.R. 25. Disqualification of Judge. | Supreme Court) Thus, it was pro forma that the judge would have to recuse himself from the case. The defense made the judgement that they would likely be better off with another judge and are rolling the dice accordingly. A party always can make a motion to have a judge removed from a case for cause, but that's a high bar and the likelihood of success is so small that most attorneys won't risk antagonizing a judge by attempting such a motion unless there are truly significant facts showing bias or prejudice on the part of the judge.