Tuesday, December 28, 2010

High Court Reinstates Attorneys' Right to Remove Judges

Posted By on Tue, Dec 28, 2010 at 9:41 AM

In what is traditionally a slow news week, the Idaho State Supreme Court has issued an order that reaches into every corner of the state court system. In effect, the high court ordered the reinstatement for attorneys to disqualify a judge without cause. The reinstatement goes into effect with the new year, which begins Saturday.

In July 2010, the Idaho Supreme Court suspended a part of Criminal Rule 25, saying it had been "used excessively and abused so that the use of the rule should be curtailed." But Monday, Chief Justice Daniel Eismann ruled the reinstatement comes "upon reconsideration." Citydesk confirmed the ruling Tuesday morning, and a deputy clerk of the court said the order would be officially posted soon.

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