Idaho Criminal Rule 25(a), which permits the disqualification of a judge without cause, has been suspended by the Idaho Supreme Court immediately. The Court in doing so stated that the rule has been used "excessively and abused so that the use of the rule should be curtailed and a study made of the possible modification or elimination of the rule."
http://www.isc.idaho.gov/links/Order-suspending-ICR25a.pdf
I don't know what the Court is seeing in its statistics, but I can assure it that I use Rule 25(a) only rarely and then very selectively.
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Perhaps it was used and abused by the prosecutors?
ReplyDeleteThe rule is used "excessively" to disqualify unethical judges. When there exists no credible disciplinary apparatus for dealing with bad judges, and attorneys take a vow of silence regarding publicly disparaging the conduct of bad judges, then the anonymous DQ rule works well in protecting the public from bad judges.
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