Charlene F. Giebe and Gerald R. Giebe v. Honorable Martin Pence and Chester H. Brower

Proceeding under 28 U.S.C. § 144 , the plaintiffs in Giebe v. Brower, Civil No. 3051 in the United States District Court for the District of Hawaii, moved in the district court to disqualify The Honorable Martin Pence, a judge of that court, from proceeding in that cause because of alleged personal bias and prejudice. The motion was supported by the affidavit of David N. Ingman, plaintiffs’ attorney of record, and by certain exhibits.

Two hearings were held upon the section 144 motion, following which it was denied.

Plaintiffs then applied to this court for a writ of prohibition or mandamus to require Judge Pence to step aside in Giebe v. Brower. We called upon Brow-er, defendant in the district court action, to file an answer. The answer has now been filed.

The memorandum accompanying the petition, and Brower’s answer, constitute briefs adequate for our purpose, and no oral argument will be necessary.

The district court denied the motion for disqualification on several grounds. One of these was that the affidavit filed in support of the motion was not that of a party to the proceeding.

The first sentence of the section begins with the words “ * * * Whenever a party to any…