DOMINGUEZ v. STATE

No. A-10095.

181 P.3d 1111 (2008)

Jay DOMINGUEZ, Petitioner, v. STATE of Alaska, Respondent.

Court of Appeals of Alaska.

April 18, 2008.


Attorney(s) appearing for the Case

Hatton Greer and Douglas O. Moody, Assistant Public Defenders, and Quinlan Steiner, Public Defender, Anchorage, for the Petitioner.

June Stein, District Attorney, Kenai, and Talis J. Colberg, Attorney General, Juneau, for the Respondent.

Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.


OPINION

MANNHEIMER, Judge.

This case presents a controversy concerning the authority of a judge to play a further role in litigation after the judge has been peremptorily challenged.

At common law, a disqualified judge was not wholly barred from further participation in the case. Rather, the judge was permitted to take purely administrative or "ministerial" actions in the case — i.e., actions that do not involve a resolution...

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