MATTER OF RULES ON DISQUALIFICATION
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RE ~~lOi)lFl('iiTIOK I'Y-IE Rlil.,E ON 4)F i i /i ORDER i!i,\ $ - ; . *.*.8; tJUi Pursuanr to the power placed in this Cout? by Article Vlll Section 2;1072 Montana Cunstitution. this Court has ertabiishcd rules ibrthe disqualification of substitution of iudges in c~.v~l crrm~nal and cases, and such rules are noxv codrfied at 44 3-1-8113 th~ouglr 3-1-505. I T fS IiEiREBY OKIIERED that, effective , 4 1-1-805; MCA, is amended to read as foilows (deleted language is indicated by strikeout; new language i s underlined): 3-1-805. Disqualification for cause, DlSQUAI..IFIC:KfTOX FOR CAl!Sf This section is limited in its application to judges presiding in district coul-ts, justice ofthc peace courts, municipal courts. small claims courts, and city courts. 1. Wl3enever a party to any proecedi~igin a?. coilrt shall file an t! affidavit alleging ihcts showing personal bias or prejudice of thc presiding judge, such judge shall proceed no further in the cause. If the affidavit is filed against a district judge, the matter shall be referred to the h4ontana Supreme Court;; vdmmpm If the affidavit is in compliance with subsections a. b and c below. the Chief Justice shall assign a district judge to Clear tlze matter. ifthe affidavit is file against a judge of a municipal court, justice c o u t ~ ~ court, or city any district judge presiding in the district ofthe court involved may appoint either a justice of the peace, a municipal judge or a city court judge, to hear any such proceeding. jaj The affidavit for disqualification must be filed more than ihii-ty (30) days beibre the date set for liearing or trial. (bj The affidavit shall be accompanied by a certificate o f counsel of record that the affidavit has been madc in good Faith, An affidavit will be deemed not to have been made in good faith if it is based solely on rulings in can mrrctt: the ease u h ~ c h be addressed in an appeal from th-iud~ment. * e (c) Any affidavit which is not ill proper ";om ad or which does not allege facts showing personal bias or prejudice may be set asitie as void. id) The judge appointed to preside at a disqualification proceeding may assess attorneys fees, costs, and damages against any party or his aetorney who files such disqnaliiicatian tvithourreasmable cause and thereby hinders, delays or rakes unconscionable advar~tagc any other party, or ihc coun. of The Clerk is directed to rnaii copies of this order to West Croup, State Reporier Publishing Company and the P'Vorztcinii Laccyer with the request that it be pub!ished in their respcctivcpublications; to the Director oPLegal Services ofthe Montana Legislative Services Division; and to all Clerks of tire District Court of the State of Montana with a request that each Clerk furnish a copy to tlie District Court Judgcs and the Judges of Clouris of Limited Jurisdiction in their respective counties. . . day of June, 2003
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