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CONDOSTA v. CONDOSTA

No. 80-78.

401 A.2d 897 (1979)

Guido CONDOSTA v. Rosalie CONDOSTA and Charles Buckley.

Supreme Court of Vermont.

Rehearing Denied April 19, 1979.

Attorney(s) appearing for the Case

Guido Condosta, pro se.

Robert Grussing, III, Brattleboro, for Condosta.

John H. Carnahan of Fitts & Olson, Brattleboro, for Buckley.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.

BARNEY, Chief Justice.

A motion to disqualify the Court as constituted was made in this case, based on a claim of prejudice. Disqualification is a sensitive concern for judges, and if the slightest question exists, all doubts should be resolved in its favor. See Code of Judicial Conduct, Canon 3 C, 12 V.S.A. App. VIII, A.O. 10. However, if it appears that the motion is frivolous, or made to delay proceedings, or has no foundation justifying recusal, it should be denied...

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