The state Supreme Court rules one judge should have been removed in a circuit case for a now-deceased party. The appeal has now vacated the original decision and vacates all orders.
The case, Estate of Paul O’Farrell V. Grand Valley Hutterian Brethren Inc, was before the Supreme Court this month and orbits a family dispute over farmlands.
The initial judge assigned to the Grant County case, Robert Spears, was requested to be disqualified from the case during the initial trail.
In documents, it was discovered the judge’s campaign treasurer was connected to parties in two of the cases subjects. Judge Spears declined to step aside and said he’d offer a fair trial in the matter.
O’Farrell’s estate rejected this conclusion and filed an affidavit to request a change of judge. He argued this connection would make it difficult for his party to receive an impartial trial.
This was declined by presiding judge Greg Soltenburg, and the trial proceeded as scheduled resulting in the other parties’ motion to dismiss being granted. O’Farrell was then ordered to reimburse attorney’s fees totaling nearly $18,000.
Ultimately, the court was divided 3-2 on the decision to side with O’Farrell.
However, the dissent on the bench was split between Chief Justice Steven Jensen and judge Mark Salter.
Salter argues overturning the motions of judge Spears was a step too far and suggests it’s beyond the Constitutional jurisdiction of the state Supreme Court’s authority.