STATE EX REL. KAFOURY v. JONES

SC S39395.

843 P.2d 932 (1992)

315 Or. 201

STATE ex rel. Gregory KAFOURY, Plaintiff-Relator, v. Honorable Robert Paul JONES, Judge of the Circuit Court for Multnomah County, Defendant, and Honorable Donald H. Londer, Presiding Judge of the State of Oregon for Multnomah County Circuit and District Courts, Intervenor.

Supreme Court of Oregon, In Banc.

Decided December 31, 1992.


Attorney(s) appearing for the Case

Mark G. McDougal, Portland, argued the cause and filed the brief, for plaintiff-relator.

Charles F. Hinkle, of Stoel, Rives, Boley, Jones & Grey, Portland, argued the cause and filed the brief, for defendant.

Donald H. Londer, pro se.

Ross M. Shepard and Robert C. Homan, Eugene, filed a brief on behalf of amicus curiae Oregon Criminal Defense Lawyers Ass'n, in which Dale W. Penn, Salem, joined on behalf of amicus curiae Oregon Dist. Attys. Ass'n.

Arthur C. Johnson, Eugene, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Ass'n.


GILLETTE, Justice.

In this original mandamus proceeding, the issue is whether a motion to disqualify a judge under ORS 14.260(1), set out infra, should be granted where the moving party acts in good faith and not for purposes of delay in bringing the motion, and the grounds for the motion are not irrational. We conclude that, in the circumstance specified, the motion should have been granted. We conclude that a peremptory writ should issue in this case.

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