Mischler v. Hon. Larry Thompson
Annotate this CaseAppellant and her former husband filed competing domestic violence petitions. Emergency protective orders (EPOs) were entered against each. Judge Larry Thompson recused from both cases, and Judge Julie Paxton was appointed to preside over the cases. Judge Paxton entered orders dismissing both of the domestic violence orders. Appellant subsequently petitioned the court of appeals for a writ of mandamus against circuit court clerk David Deskins, claiming that he should not have entered the EPO dismissal orders because Judge Thompson was not properly removed from the case, and therefore, the orders entered by Judge Paxton were void ab initio. Appellant also claimed that Trial Commissioner Fred Hatfield was not properly qualified and had impermissibly issued the EPOs. The court of appeals dismissed the petition, concluding that it had no authority to issue a writ of mandamus against Deskins or Hatfield because they were not judicial offers, that Judge Thompson had properly recused, and that the dismissal orders were valid. The Supreme Court affirmed, holding (1) Appellant was not entitled to a writ of mandamus to compel the circuit clerk to remove an order from the court record; and (2) the petition for writ of mandamus against Judge Thompson and Commissioner Hatfield was properly denied.
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