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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY

OF JOSEPHINE

EDWARD SNOOK,

CASE 14CV0835

Plaintiff,
vs
DEBORAH SWAN
Defendant

14.250
MOTION AND AFFIDAVIT FOR CHANGE OF JUDGE

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


himself from the scheduled hearing, set for March 13, 2015, and from this case
in its entirety.
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. This motion is timely. 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 March 13, 2015 at 8:30 AM.
POINTS and AUTHORITIES
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
review denied
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

Dated this 9th day of February 2015.

/s./ Deborah K. Swan


Deborah K. Swan, pro se

CERTIFICATE OF SERVICE/MAIL
I Deborah Swan, on February 9, 2015, have served by e file. Sent a true copy of
DEFENDANTS MOTION AND ORDER FOR CHANGE OF JUDGE, to James
Leuenberger, who is the attorney of Ed Snook, at the address below. I have also
served by e filed 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

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY


OF JOSEPHINE

EDWARD SNOOK,

CASE 14CV0835

Plaintiff,
vs
DEBORAH SWAN
Defendan

14.2501
AFFIDAVIT OF GOOD FAITH
IN SUPPORT OF MOTION FOR CHANGE OF JUDGE

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.
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
Dated this 9th day of February 2015.

/s./ Deborah K. Swan


Deborah K. Swan, pro se

CERTIFICATE OF SERVICE
I Deborah Swan, on February 9, 2015, have served by e file. Sent a true copy of
DEFENDANTS AFFIDAVIT OF GOOD FAITH to James Leuenberger, who is
the attorney of Ed Snook.
I have also served by e filed 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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