Narrative Opinion Summary
The petition for prohibition is to be denied based on procedural grounds. If a trial judge indicated to an attorney or witness an inability to remain fair and impartial, this could warrant disqualification, as established in MacKenzie v. Super Kids Bargain Store, Inc. However, in this instance, the necessary procedural facts were not adequately demonstrated. The affidavits presented relied on double-hearsay allegations, and no witness provided sworn testimony affirming personal knowledge of the judge's statement.
Legal Issues Addressed
Disqualification of Judge for Lack of Impartialitysubscribe to see similar legal issues
Application: A judge's indication of inability to remain fair and impartial could lead to disqualification, but in this case, sufficient evidence was not provided.
Reasoning: If a trial judge indicated to an attorney or witness an inability to remain fair and impartial, this could warrant disqualification, as established in MacKenzie v. Super Kids Bargain Store, Inc.
Evidentiary Requirements for Demonstrating Judge's Impartialitysubscribe to see similar legal issues
Application: The affidavits failed to meet evidentiary standards as they were based on double-hearsay and lacked sworn testimony of personal knowledge regarding the judge's impartiality.
Reasoning: The affidavits presented relied on double-hearsay allegations, and no witness provided sworn testimony affirming personal knowledge of the judge's statement.
Procedural Grounds for Denial of Petitionsubscribe to see similar legal issues
Application: The petition for prohibition was denied due to a lack of procedural compliance in demonstrating necessary facts.
Reasoning: The petition for prohibition is to be denied based on procedural grounds.