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STATE EX REL. EXE v. HARGREAVES

TC Nos. 10-85-01489, 10-87-00232; SC S34593.

761 P.2d 1314 (1988)

306 Or. 626

STATE of Oregon ex rel. Steven Harris Exe, Plaintiff-Relator, v. The Honorable James R. HARGREAVES, Presiding Circuit Court Judge of the Second Judicial District of the State of Oregon, Defendant.

Supreme Court of Oregon, In Banc.

Decided September 29, 1988.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for defendant. With him on the briefs was Burt, Swanson, Lathen, Alexander & McCann, Salem.

David Gernant, Portland, filed a responding brief and argued the cause for plaintiff-relator.

George A. Riemer, General Counsel, Lake Oswego, filed a brief of amicus curiae for Oregon State Bar.

Ross M. Shepard and Thomas S. Sermak, Eugene, filed a brief of amicus curiae for Oregon Criminal Defense Lawyers Ass'n.

CARSON, Justice.

This mandamus proceeding involves two cases. As in State ex rel. Ray Wells, Inc. v. Hargreaves, 306 Or. 610, 761 P.2d 1306 (1988). The question presented was the constitutionality of the judge-disqualification statutes. In both Wells and this proceeding, alternative writs were issued. In each proceeding, the defendant filed a motion to dismiss. In Wells, we held...

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