State ex rel. Merrell v. Honorable Robert Craig CarterAnnotate this Case
Defendant, who was charged with multiple sex offenses, moved to disqualify the prosecuting attorney on the grounds that the prosecutor’s office obtained and disclosed phone calls made by Defendant to his attorneys from the county jail. The trial court overruled the motion but appointed a retired judge as special master to review the jail phone call files and to receive future recorded jail calls. After the special master carried out these orders the trial court ordered that the county pay the special master’s fees. The prosecutor requested a writ of prohibition vacating the trial court’s order. The Supreme Court issued the requested writ, which it made permanent, holding that the trial court lacked authority to order the county to pay the fees of the special master.