Opinion
PR 22-0001
01-05-2022
STATE OF MONTANA, Plaintiff, v. ANTHONY WEIMER, Defendant.
ORDER
Defendant Anthony Weimer has filed an affidavit in support of his request to disqualify the Honorable Amy Eddy from presiding in Cause No. DC-20-207(A) in the Eleventh Judicial District Court, Flathead 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)(a), MCA, provides that the affidavit must be filed more than 30 days before the date set for hearing or trial. In this case, Weimer filed his affidavit less than two weeks before trial, which is set to begin on January 18, 2022. Furthermore, § 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 he final judgment. In his affidavit, Weimer takes issue with numerous rulings Judge Eddy has made in this matter. Since the affidavit is untimely and Judge Eddy's rulings may be addressed on appeal, Weimer has not demonstrated grounds for disqualification.
IT IS THEREFORE ORDERED that the motion to disqualify Judge Eddy is VOID and thereby DENIED.
The Clerk is directed to provide copies of this Order to the Clerk of the District Court of Flathead County for notification to all parties in Cause No. DC-20-207(A), and to he Honorable Amy Eddy.