Debiparshad v. District Court

In this original writ petition the Supreme Court held that once a party files a motion to disqualify a judge pursuant to the Nevada Code of Judicial Conduct (NCJC), that judge can take no further action in the case until the motion to disqualify is resolved.

The real party in interest in this case asserted medical malpractice claims against Petitioners. After a mistrial was declared, Petitioners filed a motion to disqualify District Judge Rob Bare under NCJC Canon 2, Rule 2.11 based on Judge Bare's laudatory comments about the opposing party's counsel during trial. While the motion was pending, Judge Bare entered a written order reflecting his oral ruling granting the mistrial. Thereafter, the motion to disqualify Judge Bare was granted. The case was assigned to Judge Kerry Early, who denied Petitioners' motion for relief from the findings set forth in Judge Bare's mistrial order. The Supreme Court granted Petitioners' writ petition and directed the clerk of court to issue a writ of mandamus instructing the district court to vacate Judge Bare's mistrial order as void, holding that if a motion to disqualify is granted and the judge is disqualified, any order entered by the judge after the motion to disqualify was filed is void.