State ex rel. Petro v. District Court of Sheridan County, 3249
| Decision Date | 05 March 1964 |
| Docket Number | No. 3249,3249 |
| Citation | 389 P.2d 921 |
| Parties | STATE of Wyoming, upon the relation of Valentine PETRO, and his attorneys, E. E. Lonabaugh and Bruce P. Badley, Plaintiffs, v. The DISTRICT COURT OF SHERIDAN COUNTY and the Honorable John P. Ilsley, Judge Thereof, Defendant. |
| Court | Wyoming Supreme Court |
E. E. Lonabaugh and Bruce P. Badley, Sheridan, for plaintiffs.
John P. Ilsley, Judge of the Fourth Judicial District, Sheridan, for defendant.
Henry A. Burgess, Sheridan, appearing amicus curiae for James H. Ashmore.
Before PARKER, C. J., and HARNSBERGER, GRAY, and McINTYRE, JJ.
The relator-Valentine Petro and his attorneys, E. E. Lonabaugh and Bruce P. Badley, have filed a petition seeking a writ of mandamus against the Honorable John P. Ilsley, Judge of the District Court in Sheridan County.
It is alleged that, in a certain civil action pending in Judge Ilsley's court, Valentine Petro, as one of the parties thereto, filed a proper affidavit for change of judge on December 6, 1963; that Judge Ilsley has not called on some other judge of the state to preside in the trial of the case, as required by § 1-53, W.S.1957; and more than ten days have elapsed since the filing of the affidavit for change.
Petro's affidavit states that he believes he cannot obtain a fair and impartial trial on account of the 'interest' of the Honorable John P. Ilsley. No other reason for his belief is assigned. Judge Ilsley counters the petition for mandamus on the ground that he actually has no interest in the pending case except for his performance of duty as a judicial officer; that Petro has failed to state or show what interest is claimed; and that the affidavit is not an affidavit of prejudice.
The defendant argues that interest is not a disqualification for a judge, unless the interest is either pecuniary, financial, proprietary, a relationship to the parties, or some other interest that might preclude the parties from having a fair or impartial trial. He also claims that when an affidavit for change is filed, based upon interest, facts must be shown as to the interest that is exhibited in the subject matter or outcome of the case.
Parties recognize and agree that it is settled in this state, when a party files an affidavit stating he believes that on account of the bias or prejudice of the presiding judge he cannot obtain a fair trial, the presiding judge is immediately divested of further jurisdiction other than to call in another district judge of the...
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Brown v. State
...Leitner v. Lonabaugh, 402 P.2d 713 (Wyo.1965); Stroup v. City of Sheridan, 392 P.2d 517 (Wyo.1964); State ex rel. Petro v. District Court of Sheridan County, 389 P.2d 921 (Wyo.1964); In re Greybull Valley Irr. Dist., 52 Wyo. 479, 76 P.2d 339, reh'g denied 52 Wyo. 479, 77 P.2d 617 (1938); Wa......
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Smallwood v. State
...(Wyo.1975); Barbour v. Barbour, 518 P.2d 12 (Wyo.1974); Rhoads v. Gilliland, 514 P.2d 202 (Wyo.1973); State ex rel. Petro v. District Court of Sheridan County, 389 P.2d 921 (Wyo.1964); and Washakie Livestock Loan Co., 47 Wyo. 161, 33 P.2d 922 (1934). Cf. Leitner v. Lonabaugh, 402 P.2d 713 (......
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Leitner v. Lonabaugh
...the affidavit the presiding judge is divested of all authority in the case, except to enter such order. State ex rel. Petro v. District Court of Sheridan County, Wyo., 389 P.2d 921-922; Washakie Livestock Loan Co. v. Meigh, 47 Wyo. 161, 33 P.2d 922, 926; Huhn v. Quinn, 21 Wyo. 51, 128 P. 51......
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