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Jonas v. Jonas

Supreme Court of Montana

July 23, 2013

LINDA B. JONAS, Plaintiff,
v.
EDWIN R. JONAS, III, Defendant.

ORDER

Edwin R, Jonas, III, seeks to disqualify the Honorable C. B. McNeil from presiding in Cause No. DV-09-388 in the Twentieth Judicial District Court, Lake County, pursuant to § 3-1-805, MCA. Jonas has submitted an affidavit in support of his request to disqualify Judge McNeil.

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(l)(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. Insofar as the affidavit that Jonas has provided is based on actions of Judge McNeil, it is based on Judge McNeil's actions in Lake County Cause No. DV-09-388. Jonas's affidavit also refers to his own actions outside that case as grounds for disqualification of Judge McNeil. However, actions that Jonas has chosen to take do not constitute grounds for a determination that Judge McNeil has a personal bias or prejudice against Jonas. 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 McNeil from Lake County Cause No, DV-09-388 is DENIED.

The Clerk is directed to provide copies of this Order to the Clerk of the District Court of Lake County for notification to all counsel of record in Cause No. DV- 09-388, and to the Honorable C. B. McNeil, presiding District Judge.


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