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State v. Northcutt

Supreme Court of Montana

July 3, 2013

STATE OF MONTANA, Plaintiff,
v.
PETER NORTHCUTT, Defendant.

ORDER

Peter Northcutt seeks to disqualify the Honorable Loren Tucker from presiding in Cause No. DC 11-36 in the Twenty-Second Judicial District Court, Carbon County, pursuant to § 3-1-805, MCA. In support of his request to disqualify Judge Tucker, Northcutt has submitted an affidavit of his counsel in that matter.

Section 3-1-805(1), MCA, provides that the Chief Justice of this Court will assign a district judge to hear a request for disqualification if the affidavit in support of the request is in compliance with § 3-l-805(1)(a), (b), and (c), MCA. Subsection (b) provides that an affidavit will be deemed not to have been made in good faith if it is based solely on rulings in the case that can be addressed in an appeal from the final judgment. The affidavit in this case is based on actions of Judge Tucker in Carbon County Cause No. DC 11-36, As a result, it is unnecessary to appoint a district judge to hear this matter.

IT IS THEREFORE ORDERED that the request to disqualify District Judge Tucker from Carbon County Cause No. DC 11-36 is DENIED.

The Clerk is directed to provide copies of this Order to the Clerk of the District Court of Carbon County for notification to all counsel of record in Cause No. DC 11-36, and to the Honorable Loren Tucker, presiding District Judge.


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