Opinion
PR 23-0001
02-02-2023
JEFF SHAFER, Plaintiff / Counter-Defendant, v. THE ESTATE OF EVALYN JO MILLICAN and ALAN MILLER,
ORDER
Alan Miller, representing himself, has filed an affidavit in support of his request to disqualify the Honorable Brenda R. Gilbert from presiding in Cause No. DV 34-2022-115 in the Sixth Judicial District Court, Park County, pursuant to § 3-1-805, MCA.
The basis for the affidavit appears to be Miller's disagreement with the District Court's rulings in this matter, including adverse rulings on motions Miller made. However, § 3-1-805(1)(b), MCA, provides that an affidavit cannot be based solely on rulings in the case which can be addressed on appeal.
THEREFORE, IT IS ORDERED that the motion to disqualify Judge Gilbert is VOID and thereby DENIED.
The Clerk is directed to provide copies of this Order to the Clerk of the District Court of Park County for notification to all parties in Cause No. DV 34-2022-115, and to the Honorable Brenda R. Gilbert.