Presiding judge rejects Swallow motion to remove judge from his case


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SALT LAKE CITY — A presiding 3rd District judge Friday rejected former Utah Attorney General John Swallow's effort to remove the judge overseeing the criminal case against him.

Associate presiding Judge Ryan Harris found no basis to disqualify Judge Elizabeth Hruby-Mills. He called the motion, filed by defense attorney Scott Williams on Tuesday, untimely and without merit.

Williams argues that Hruby-Mills is biased against Swallow because she refused to hold evidentiary hearings on defense motions and didn't guard against a breach of his attorney-client emails, among other things.

Harris noted that Swallow has been on the losing end of a number of decisions, "and that can be frustrating and upsetting. But the fact that certain pre-trial rulings — even a lot of pre-trial rulings — have gone against the defendant is not sufficient grounds for disqualification."

Swallow faces a dozen felony public corruption charges. A 16-day trial is scheduled to start Feb. 7.

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Dennis Romboy

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