Carrigan-St. Clair v. Wildwood Preserve Farms, Inc., 2009 OK 89

Summary

The Oklahoma Supreme Court denied the appellant's application for appointment of a different district judge on remand, without prejudice to seeking relief in the district court under Rule 15. A concurring opinion explains that disqualification under 20 O.S. Supp. 2008 § 95.10 requires allegations and proof in the appellate record demonstrating the trial judge's lack of neutrality and detachment.

Holdings

1. The Supreme Court denied the application without prejudice to the appellant seeking relief upon remand in the district court pursuant to Rule 15 of the Rules for District Courts.
2. Under the concurrence's explanation, § 95.10 may be invoked only when the appellate record itself contains sufficient allegation and proof that the judge whose decision was reversed acted without neutrality and detachment; an appellate court may not give first-instance consideration to a motion to disqualify a trial judge.

Questions Presented

1. Whether the Oklahoma Supreme Court should grant the appellant's application under 20 O.S. Supp. 2008 § 95.10 for appointment of a different judge on remand.
2. Whether the application should be initiated in the Supreme Court or before the district judge whose disqualification is sought.

Disposition

other