Opinion
PR 22-0001
05-12-2022
IN RE THE MATTER OF: JILL COTTRELL, Petitioner, and TERRI ROBIDOU, Respondent.
ORDER
Petitioner Jill Cottrell has filed a document captioned Motion to Recuse and an Affidavit in support in Cause No. DV-22-3 in the Eleventh Judicial District Court, Flathead County. The substance of Cottrell's motion requests that the Honorable Amy Eddy disqualify herself from the proceeding pursuant to M. C. Jud. Cond. 2.12.
Section 3-1-805, MCA, provides that an affidavit for disqualification for cause must be accompanied by a certificate of counsel of record-in this case Cottrell as a self-represented litigant-that the affidavit has been made in good faith. Furthermore, "[a]ny affidavit . . . which does not allege facts showing personal bias or prejudice may be set aside as void." In this case, Cottrell alleges Judge Eddy "has an interest in another case with this court with the same parties involved," and Cottrell believes Judge Eddy would not be fair and impartial in the present case. However, Cottrell offers no factual basis for these allegations. As a result, it is unnecessary to appoint a district judge to hear this matter.
IT IS THEREFORE ORDERED that the motion to disqualify District Judge Amy Eddy from Flathead County Cause No. DV-22-3 is DENIED.
The Clerk is directed to provide copies of this Order to the Clerk of the District Court of Flathead County for notification to Petitioner Jill Cottrell, all parties of record in Cause No. DV-22-3, and to the Honorable Amy Eddy.