February 18, 2014
IN RE THE MARRIAGE OF SARA KAE COX, Petitioner, and DANIEL SCOTT COX, Respondent.
Daniel Scott Cox seeks to disqualify the Honorable Jeffrey H. Langton from presiding in Ravalli County Cause No. DR 10-35, pursuant to § 3-1-805, MCA. Cox has submitted an affidavit in support of his request to disqualify Judge Langton, as well as certification of his counsel, Robert C. Myers, that the motion and affidavit to disqualify Judge Langton for cause are made in good faith.
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. Subsection (c) provides that an affidavit that does not allege fact showing personal bias or prejudice may be set aside as void. The affidavit that has been provided in this case is based entirely on Judge Langton's rulings and actions in Ravalli County Cause No. DR 10-35 which can be addressed in an appeal from the final judgment. 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 Langton from Ravalli County Cause No. DR 10-35 is DENIED.
The Clerk is directed to provide copies of this Order to the Clerk of the District Court of Ravalli County for notification to all counsel of record in Cause No. DR 10-35, and to the Honorable Jeffrey H. Langton.