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STATE v. HILBORN

TC MC 83-2164; A30898; SC S31455.

705 P.2d 192 (1985)

299 Or. 608

STATE of Oregon, Petitioner On Review, v. James Cleve HILBORN, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided August 20, 1985.

Attorney(s) appearing for the Case

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on brief were David Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Dwight Ronald Gerber, Florence, argued the cause and filed briefs for respondent.

CAMPBELL, Justice.

This is a case of statutory interpretation. The issue is: In a contested case, when is a party required by ORS 14.260 to file a motion to disqualify a judge before whom the cause is pending? The following are relevant portions of ORS 14.260:

"Any party to * * * any cause * * * in a circuit court may establish the prejudice described in ORS 14.250 by motion supported by affidavit that the judge before whom the cause * * * is pending is prejudiced...

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