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1/28/2015 3:40:13 PM

14CV0835

IN THE CIRCUIT COURT OF THE STATE OF OREGON


FOR THE COUNTY OF JOSEPHINE

EDWARD SNOOK,

CASE # 14CV0835

Plaintiff,
vs
DEBORAH SWAN,

AFFIDAVIT AND MOTION FOR

Defendant

CHANGE OF JUDGE
14.250
MOTION AND ORDER FOR CHANGE OF JUDGE

1. Defendant Swan moves this court, Honorable JudgeThomas T. Hull, to recuse


himself from the scheduled hearing, set for Feb.4, 2015, and from this case in
its entirety.

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2. Pursuant to Statute ORS 14.250, Defendant Deborah Swan believes that she
will not have a fair and impartial hearing before Judge Thomas T. Hull.
3. Defendant Swan presents this motion in good faith and not for purpose of any
delay.
4. The attached affidavit is being filed, with such motion, prior to any final
determination of the SPECIAL MOTION TO STRIKE ANTI SLAPP
proceedings which is scheduled for Feb 4, 2015 at 8:30 AM.

14.250
AFFIDAVIT OF GOOD FAITH

Defendant Deborah Swan makes this motion only in good faith.


Defendant Deborah Swan, asserts that this motion is not for purpose of delay.
Pursuant to case law, State ex rel Strain v. Foster, 272 Or 464, 537 P2d 547
(1975), defendants affidavit does not need to state specific facts.
1

No judge of a circuit court shall sit to hear or try any suit, action, matter or proceeding when it is established, as provided in ORS
14.250 (Disqualification of judge) to 14.270 (Time of making motion for change of judge in certain circumstances), that any
party or attorney believes that such party or attorney cannot have a fair and impartial trial or hearing before such judge. In such case
the presiding judge for the judicial district shall forthwith transfer the cause, matter or proceeding to another judge of the court, or
apply to the Chief Justice of the Supreme Court to send a judge to try it; or, if the convenience of witnesses or the ends of justice
will not be interfered with by such course, and the action or suit is of such a character that a change of venue thereof may be
ordered, the presiding judge may send the case for trial to the most convenient court; except that the issues in such cause may,
upon the written stipulation of the attorneys in the cause agreeing thereto, be made up in the district of the judge to whom the cause
has been assigned. [1955 c.408 1(1); 1981 c.215 5; 1987 c.338 1; 1995 c.781 28]

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In a motion to disqualify judge, proper inquiry is belief of moving party in fairness


and impartiality of judge, not actual fairness or impartiality. State ex rel Kafoury v.
Jones, 315 Or 201, 843 P2d 932 (1992)

Wherefore, Defendant Swan, by filing this Affidavit and motion in good faith, and
not to cause delay, has met the statutory requirements.
State ex rel Exe v. Hargreaves, 306 Or 626, 761 P2d 1314 (1988) and is not

LEGAL AUTHORITY
A. Affidavit need not state specific facts. State ex rel Strain v. Foster, 272 Or 464,
537 P2d 547 (1975)

B. Upon filing of motion for change, supported by proper affidavit, judge must
either withdraw or request a good faith hearing. State ex rel Strain v. Foster,
272 Or 464, 537 P2d 547 (1975)

C. Trial judge did not have authority to rule on substantive validity of motion to
disqualify. Phelps and Nelson, 122 Or App 410, 857 P2d 900 (1993), Sup Ct
review denied

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D. Denial of a motion is finding of fact by trial court and is reviewed by appellate


court under any evidence standard. Benson and Youngblutt, 141 Or App 458,
919 P2d 496 (1996), Sup Ct review denmotion

CERTIFICATE OF SERVICE/MAIL

I Deborah Swan, on January 28, 2015, have served by efile. Sent a true copy to
James Leuenberger, who is the attorney of Ed Snook, at the address below.
I have also served by efiled to Lisa McCormick who is the head civil clerk at
Josephine County Oregon, for her to stamp and file the original into the public case
records.

/s./ Deborah K. Swan


Deborah K. Swan, pro se

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IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR THE COUNTY
OF JOSEPHINE
CASE NO: 14CV0835
EDWARD SNOOK
Plaintiff,
DEBORAH K. SWAN,
Defendant.
ORDER CHANGE OF JUDGE
This CHANGE OF JUDGE ORDER, HONORABLE JUDGE THOMAS T.
HULL, having come before the Court upon the DEFENDANT Deborah Swan. The
Court having reviewed the evidence and being otherwise fully advised in the
premises, it is ORDERED AND ADJUDGED that this CHANGE OF JUDGE .
granted denied
2. The Court finds the following legal authority in support of this Order......
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
_________________ ________________________________________________
DONE AND ORDERED this ___ day of ___, 2015
________________________________

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CERTIFICATE OF SERVICE/MAIL

I Deborah Swan, on January 28, 2015, have served by efile. Sent a true copy to
James Leuenberger, who is the attorney of Ed Snook, at the address below.
I have also served by efiled to Lisa McCormick who is the head civil clerk at
Josephine County Oregon, for her to stamp and file the original into the public case
records.
/s./ Deborah K. Swan
Deborah K. Swan, pro se

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