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BOWER v. MORDEN

No. 21082.

880 P.2d 245 (1994)

126 Idaho 215

Greg H. BOWER, Ada County Prosecuting Attorney, Plaintiff-Appellant-Cross Respondent, v. Honorable Thomas R. MORDEN, Magistrate Judge, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Boise, May 1994 Term.

August 29, 1994.

Attorney(s) appearing for the Case

Greg H. Bower, Ada County Pros. Atty., and Cary B. Colaianni, Deputy Ada County Pros. Atty., Boise, for appellant. Cary B. Colaianni argued.

Larry EchoHawk, Atty. Gen., David G. High, Deputy Atty. Gen., and Steven F. Scanlin, Deputy Atty. Gen., Boise, for respondent. Steven F. Scanlin argued.

McDEVITT, Chief Justice.

In this case we are asked to decide if the right to judicial disqualification without cause under I.C.R. 25(a) may be limited due to the number of cases in which a party exercises the right against an individual judge. We hold that it may not, and that in this case the writs of prohibition and mandate are available as remedies to enforce the right.

Plaintiff - Appellant - Cross - Respondent, Greg H. Bower, Ada County Prosecuting Attorney...

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