STATE EX REL. OLIVER v. CROOKHAM

C8411-34753; S32447.

731 P.2d 1018 (1987)

302 Or. 533

STATE of Oregon ex rel. James Douglas Oliver, Plaintiff-Relator, v. The Honorable Charles CROOKHAM, Presiding Circuit Court Judge of the Fourth Judicial District of the State of Oregon, Defendant.

Supreme Court of Oregon, In Banc.

Decided January 21, 1987.


Attorney(s) appearing for the Case

John R. Faust, Jr., Portland, argued the cause and filed the briefs for defendant. With him on the briefs was Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Diana I. Stuart, Portland, argued the cause and filed answering brief for relator. With her on the brief were Steven Jacobson and the staff of the Metropolitan Public Defender's Office, Portland.

Raymond F. Thomas, Portland, filed an amicus curiae brief for Oregon Criminal Defense Lawyers Ass'n. With him on the brief were Baxter-Craven Young, Certified Law Student, and Royce, Swanson & Thomas, Portland.

John E. Frohnmayer, Portland, filed an amicus curiae brief for Oregon Trial Lawyers Ass'n. With him on the brief was Tonkon, Torp, Galen, Marmaduke & Booth, Portland.

Marc K. Blackman, Portland, filed an amicus curiae brief for American Civil Liberties Union of Oregon, Inc. With him on the brief was Ransom, Blackman & Simson, Portland.


GILLETTE, Justice.

This is one of three mandamus cases decided this date1 involving the constitutionality and application of ORS 14.250-14.270, the judicial disqualification statutes. In this case, relator, a defendant in a criminal case, filed a motion for a change of judge supported by an affidavit asserting that the relator could not receive a fair trial before the judge to whom the case was...

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