This affidavit of disqualification was filed by James J. Mayer, Jr., the Richland County Prosecuting Attorney and respondent in the above-captioned case, seeking the disqualification of Judge James L. DeWeese from further proceedings in this matter.
Affiant raises two primary grounds in support of his contention that Judge DeWeese should be disqualified. First, he claims that he represents Judge DeWeese in other cases; therefore, disqualification is mandated by the holding in In re Disqualification of Badger (1989),
Affiant’s second contention is that Judge DeWeese’s continued participation in this case creates the appearance of impropriety. In support of this contention, affiant cites the nature of this action, the fact that Judge DeWeese formerly worked for the former prosecuting attorney who is affiant’s political opponent, the fact that Judge DeWeese has appointed the former prosecutor’s first assistant as his referee, and numerous rulings in this case, including the reopening of the case after the judgment had been paid.
An affidavit of disqualification must be filed as soon as possible after affiant becomes aware of circumstances that support disqualification, and the failure to do so may result in waiver of the objection. In re Disqualification of Pepple (1989),
For these reasons, the affidavit of disqualification is found not well taken and is denied. The case shall proceed before Judge DeWeese.
