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BAIER v. HAMPTON

Cr. No. 880106.

440 N.W.2d 712 (1989)

Patricia Ann (Hampton) BAIER, Plaintiff and Appellee, v. James William HAMPTON, Defendant and Appellant.

Supreme Court of North Dakota.

May 17, 1989.

Attorney(s) appearing for the Case

Charles C. Wilder (argued), Asst. State's Atty., Williston, for plaintiff and appellee.

Bjella, Neff, Rathert, Wahl & Eiken, P.C., Williston, for defendant and appellant; argued by William E. McKechnie.

MESCHKE, Justice.

James Hampton appealed from a jury conviction of criminal contempt. Because the trial judge should have recused himself, we reverse and remand for a new trial.

The claimed misconduct occurred during four court hearings in 1986 and 1987 to determine Hampton's ability to pay child support ordered by a prior divorce judgment. During questioning on his finances, Hampton disclosed that he was receiving military retirement benefits of $466 monthly...

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