Opinion
PR 22-0001
01-05-2022
STATE OF MONTANA, Plaintiff, v. AMY JAMES KADRMAS, Defendant.
ORDER
Defendant Amy James Kadrmas, via counsel, has filed an affidavit in support of her request to disqualify the Honorable Robert Whelan from presiding in Cause No. DC-20-07 in the Second Judicial District Court, Butte-Silver Bow County, pursuant to § 3-1-805, MCA.
Section 3-1-805, MCA, provides that an affidavit for disqualification for cause must allege facts showing personal bias or prejudice of the presiding judge. Section 3-1-805(1)(c), MCA, provides in part that an affidavit that does not allege facts showing personal bias or prejudice may be set aside as void. Kadrmas's affidavit alleges that the prosecuting attorneys in her case engaged in misconduct by improperly presenting witnesses at her sentencing hearing and that they may have breached the plea agreement in this case. Kadrmas alleges no bias or prejudice on the part of Judge Whelan, only asserting that he heard the alleged prosecutorial misconduct. Since Kadrmas's affidavit offers nothing that demonstrates personal bias or prejudice on the part of Judge Whelan, she has not satisfied the requirements of § 3-1-805, MCA, and it is therefore unnecessary to appoint a district judge to hear this matter.
IT IS THEREFORE ORDERED that the motion to disqualify District Judge Robert Whelan from Butte-Silver Bow County Cause No. DC-20-07 is DENIED. 1
The Clerk is directed to provide copies of this Order to the Clerk of the District Court of Butte-Silver Bow County for notification to all counsel of record in Cause No. DC-20-07, and to the Honorable Robert Whelan. 2