On March 04, 2014 a
Motion,Ex Parte
was filed
involving a dispute between
Lacie, Candace,
and
Lacie, Stephen Jerrod,
in the District Court of Adair County.
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*1049157769%
, Be
Ry
IN THE DISTRICT COURT OF ADAIR COUNTY ty eo
STATE OF OKLAHOMA Vo, ? a6 * Oper ;
0 &: “ey
In re the Marriage of: ) % Se, oF
CANDACE KENYON, ) “hg.
)
Petitioner, )
-and- ) Case No. FD-2014-22
)
STEPHEN LACIE, )
)
Respondent. )
MOTION TO DISQUALIFY JUDGE
COMES NOW the Petitioner, Candace Kenyon, by counsel, Deanna M.
Wales, and moves the Court to disqualify in this action. In support of this motion, the
Petitioner informs the Court as follows:
1. Title 5 O.S. Ch.1 App.4 Rule 2.11 provides in relevant part as follows:
Disqualification
(A) A judge shall disqualify himself or herself in any proceeding in which the
judge's impartiality might reasonably be questioned, including but not limited to the
following circumstances:
(1) The judge has a personal bias or prejudice concerning a party or a party's
lawyer...
The comments to Rule 2.11 provide as follows:
[1] Under this Rule, a judge is disqualified whenever the judge's impartiality might
reasonably be questioned, regardless of whether any of the specific provisions of
paragraphs (A)(1) through (6) apply.
[2] A judge's obligation not to hear or decide matters in which disqualification is
required applies regardless of whether a motion to disqualify is filed.
2. The Judge has expressed her inability to be fair and impartial with
regard to Petitioner's counsel, Deanna M. Wales. The Judge has recused from
counsel's previously contested matters, beginning in 2013.
3. Counsel has declined representation to numerous potential clients in the past8 years due to the fact that the Judge would not hear contested matters for counsel.
4. Counsel made an in camera request for the Judge to recuse or disqualify
herself on this date. Said request was denied by the Judge.
WHEREFORE, the Petitioner prays the Court to disqualify the Judge, and
enter an order for the same, and any further relief to which Petitioner may be entitled.
Candace Kenyon, Petitioner
IEANNA M. WALES, O!
Attomey for Respondent
226 South Muskogee
Tahlequah, OK 74464
(918) 456-9390
deannawales@sbcglobal.net
A #18310
CERTIFICATE OF DELIVERY
I hereby certify that on March 2x21 | hand-delivered an exact copy of
the above, to the law office o Rex Earl Starr, Attorney for the Respondent, at the
following address: PO BOX 918 Stilwell OK 74960.
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*1049157769% , Be Ry IN THE DISTRICT COURT OF ADAIR COUNTY ty eo STATE OF OKLAHOMA Vo, ? a6 * Oper ; 0 &: “ey In re the Marriage of: ) % Se, oF CANDACE KENYON, ) “hg. ) Petitioner, ) -and- ) Case No. FD-2014-22 ) STEPHEN LACIE, ) ) Respondent. ) MOTION TO DISQUALIFY JUDGE COMES NOW the Petitioner, Candace Kenyon, by counsel, Deanna M. Wales, and moves the Court to disqualify in this action. In support of this motion, the Petitioner informs the Court as follows: 1. Title 5 O.S. Ch.1 App.4 Rule 2.11 provides in relevant part as follows: Disqualification (A) A judge shall disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to the following circumstances: (1) The judge has a personal bias or prejudice concerning a party or a party's lawyer... The comments to Rule 2.11 provide as follows: [1] Under this Rule, a judge is disqualified whenever the judge's impartiality might reasonably be questioned, regardless of whether any of the specific provisions of paragraphs (A)(1) through (6) apply. [2] A judge's obligation not to hear or decide matters in which disqualification is required applies regardless of whether a motion to disqualify is filed. 2. The Judge has expressed her inability to be fair and impartial with regard to Petitioner's counsel, Deanna M. Wales. The Judge has recused from counsel's previously contested matters, beginning in 2013. 3. Counsel has declined representation to numerous potential clients in the past8 years due to the fact that the Judge would not hear contested matters for counsel. 4. Counsel made an in camera request for the Judge to recuse or disqualify herself on this date. Said request was denied by the Judge. WHEREFORE, the Petitioner prays the Court to disqualify the Judge, and enter an order for the same, and any further relief to which Petitioner may be entitled. Candace Kenyon, Petitioner IEANNA M. WALES, O! Attomey for Respondent 226 South Muskogee Tahlequah, OK 74464 (918) 456-9390 deannawales@sbcglobal.net A #18310 CERTIFICATE OF DELIVERY I hereby certify that on March 2x21 | hand-delivered an exact copy of the above, to the law office o Rex Earl Starr, Attorney for the Respondent, at the following address: PO BOX 918 Stilwell OK 74960.