In re Disqualification of McKay

Counsel for Defendants filed an affidavit with the clerk of the Supreme Court seeking to disqualify Judge Wyatt McKay from presiding over any further proceedings in the underlying case, alleging that the judge's rulings created the appearance of bias or prejudice against Defendants. The Supreme Court denied the affidavit of disqualification, holding (1) the extraordinary circumstances need to subject the judge to disqualification after having presided over lengthy proceedings in the case were not present here; (2) counsel pointed to no action on the part of Judge McKay that demonstrated bias, prejudice, or a disqualifying interest; and (3) counsel failed to overcome the presumptions that the judge followed the law and was not biased. View "In re Disqualification of McKay" on Justia Law