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STATE OF MINNESOTA IN SUPREME COURT A10-1400 Court of Appeals Meyer, J.

In re William Allan Jacobs, Petitioner. State of Minnesota, Respondent, vs. William Allan Jacobs, Appellant. ________________________ Lori Swanson, Attorney General, St. Paul, Minnesota; and Michael O. Freeman, Hennepin County Attorney, David C. Brown, Assistant County Attorney, Minneapolis, Minnesota, for respondent. Paul Engh, Minneapolis, Minnesota; and Joseph S. Friedberg, Minneapolis, Minnesota, for appellant. ________________________ SYLLABUS A judge is not disqualified from a case solely because the judge's spouse, who otherwise has no involvement with the case, is employed by the county attorney's office that is prosecuting the case. Affirmed. Filed: September 14, 2011 Office of Appellate Courts

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OPINION MEYER, Justice. William Allan Jacobs, charged with two counts of criminal sexual conduct, seeks removal for cause of the judge assigned to his case. Jacobs argues that cause for removal exists because the judge's spouse is an attorney with the county attorney's office that is prosecuting the case. The Fourth District Chief Judge denied Jacobs' motion to remove the judge, and the court of appeals denied a writ of prohibition. We affirm. The State charged William Allan Jacobs with two counts of criminal sexual conduct, Minn. Stat.

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