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TRAYNOR v. LECLERC

Civil Nos. 960373, 960377.

561 N.W.2d 644 (1997)

1997 ND 47

J. Patrick TRAYNOR, in his official capacity as Executive Director of the North Dakota Workers Compensation Bureau, and the State of North Dakota acting through the North Dakota Workers Compensation Bureau, Petitioners, v. Honorable Lawrence A. LECLERC, Presiding Judge of the District Court, East Central Judicial District; Arthur Ash and Donald Simenson, individually and on behalf of all others similarly situated, Respondents. NORTH DAKOTA WORKERS COMPENSATION BUREAU, Petitioner, v. Honorable Lawrence A. LECLERC, Presiding District Judge of the East Central Judicial District, County of Cass, State of North Dakota, Respondent.

Supreme Court of North Dakota.

April 1, 1997.

Attorney(s) appearing for the Case

Douglas William Nesheim (argued), Fargo, for respondent Honorable Lawrence A. Leclerc, and Dean J. Haas (argued), of Dietz, Little & Haas, Bismarck, for respondent Arthur Ash, et al.

Brent J. Edison (argued), Special Assistant Attorney General, Bismarck, and Tracy Vigness Kolb (appearance), Special Assistant Attorney General, Bismarck, and Jacqueline S. Anderson (submitted on briefs), Special Assistant Attorney General, Fargo, for petitioner State of North Dakota.

MESCHKE, Justice.

[¶ 1] In these two cases, J. Patrick Traynor, in his official capacity as Executive Director of the Workers Compensation Bureau, and the State [the Bureau], petitioned for supervisory writs directing the Honorable Lawrence A. Leclerc, Presiding Judge of the East Central Judicial District, to vacate orders denying their demands for change of judge and to grant their demands. We grant the petitions.

[¶ 2] The Bureau paid disability...

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