Eye On Boise

Idaho Supreme Court suspends judge-disqualification rule, citing abuse

Here's a news item from the Associated Press: BOISE, Idaho (AP) — Prosecutors and defense attorneys in Idaho will be barred from disqualifying judges from criminal cases without giving a reason first. The Idaho Supreme Court has suspended a rule that had allowed prosecutors or defense attorneys to disqualify a judge "without cause." The state high court ruled late last month that the rule had been used excessively and abused. The Idaho Mountain Express reports that a judge in Idaho's 5th District, Robert J. Elgee, had been the target of numerous disqualifications based on the rule. Elgee had petitioned the Idaho Supreme Court to suspend and modify the rule in 2009, but was rebuffed by justices at the time.

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Betsy Z. Russell
Betsy Russell covers Idaho news from the state capitol in Boise and writes the Eye on Boise blog.

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