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State v. Chapman

Supreme Court of Montana

September 18, 2013

STATE OF MONTANA, Plaintiff,
v.
ALLISON CHAPMAN, Defendant.

ORDER

Allison Chapman seeks to disqualify the Honorable Gregory Pinski from presiding in Cause No. ADC-13-401 in the Eighth Judicial District Court, Cascade County, pursuant to § 3-1-805, MCA. Chapman has submitted an affidavit in support of the request to disqualify Judge Pinski.

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 for cause 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. Chapman's affidavit is based upon Judge Pinski's actions in Cascade County Cause No. ADC-13-401, which actions Chapman states are the subject of a complaint filed with the Judicial Standards Commission. To the extent that such actions occurred in Cascade County Cause No. ADC-13-401 and are the subject of a pending complaint before the Judicial Standards Commission, they cannot be a basis for disqualification for cause. 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 Pinski from Cascade County Cause No. ADC-13-401 is DENIED.

The Clerk is directed to provide copies of this Order to the Clerk of the District Court of Cascade County for notification to all counsel of record in Cause No. ADC-13-401, and to the Honorable Gregory Pinski, presiding District Judge.


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