STATE v. McCLERNAN

No. 9548.

284 P.2d 252 (1955)

STATE of Montana ex rel. Peter OSTOJ, as father of James Ostoj, Relator, v. The Hon. John B. McCLERNAN, Judge of the District Court of the Second Judicial District in and for the County of Silver Bow, Respondent.

Supreme Court of Montana.

Decided June 3, 1955.


Attorney(s) appearing for the Case

David L. Holland, Butte, argued the case orally for relator.

Arnold H. Olsen, Atty. Gen., Emmet T. Walsh, Asst. Atty. Gen., N.A. Rotering, County Atty., J. Frank Sullivan, Chief Deputy County Atty., Thomas F. Joyce, Deputy County Atty., Butte for respondent. Thomas F. Joyce, Deputy County Atty., argued the case orally.


ADAIR, Chief Justice.

This is an original proceeding. It involves the right to disqualify a district judge for imputed bias in a juvenile proceeding.

On April 2, 1955, the chief probation officer of Silver Bow County, Montana, filed in the district court of such county a petition representing, inter alia: That the boy named and accused in the petition is a delinquent child whose father and mother are unable to care for, protect, train, educate, control...

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