Opinion
PR 22-0001
06-10-2022
STATE OF MONTANA, Plaintiff and Appellee, v. RAYMOND VANDENBOS, Defendant and Appellant.
ORDER
Raymond Vandenbos, representing himself, has filed a document entitled Judicial Notice which in substance requests the disqualification of the Honorable Brenda R. Gilbert from presiding in Cause No. DC 21-3 in the Ninth Judicial District Court, Pondera County.
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. Vandenbos has failed to provide an affidavit and thus his motion is procedurally deficient. As to the substance of the motion, he alleges Judge Gilbert has demonstrated bias because she required him to address the court via counsel and directed Vandenbos and his counsel to confer in private rather than in open court. Such directives do not demonstrate personal bias or prejudice.
Vandenbos further alleges evidence of bias because Judge Gilbert issued rulings that relied on evidence Vandenbos believes is inadmissible. This allegation cannot support disqualification as § 3-1-805(1)(b), MCA, provides in part that the affidavit will be deemed not to have been made in good faith if it is based solely on rulings in the case which can be addressed in an appeal from the final judgment. Since Judge Gilbert's rulings can be addressed in an appeal, Vandenbos has not demonstrated grounds for disqualification.
IT IS THEREFORE 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 Pondera County for notification to all parties in Cause No. DC 21-3, and to the Honorable Brenda R. Gilbert.