Davenport v. OdlinAnnotate this Case
In 2009, Kristine Davenport sought to disqualify Justice of the Peace John Odlin for cause from presiding in two misdemeanor cases against Davenport. The district court denied Davenport’s motion to disqualify Odlin. Davenport subsequently filed a flurry of motions, briefs, and requests, which the district court denied. On August 23, 2011, the district court entered an amended order imposing Mont. R. Civ. P. 11 sanctions and ordered Davenport to pay $2,500 within thirty days. Davenport appealed the district court’s refusal to disqualify Odlin pursuant to her affidavits of disqualification. The Supreme Court held that Davenport’s affidavits did not comply with the good faith requirement in Mont. Code Ann. 3-1-805(1)(b) and that her arguments failed. Subsequently, on April 1, 2013, the district court again amended its order to impose jail time on Davenport should she fail to pay the $2,500 Rule 11 sanctions within thirty days. The Supreme Court reversed, holding that the district court’s April 1, 2013 order must be set aside and its August 23, 2011 amended order reinstated because the district court incorrectly amended its order a year and a half after the matter should have terminated.