Opinion
PR 23-0001
06-16-2023
IN RE THE MARRIAGE OF: BENJAMIN DAVID MARTIN, Co-Petitioner, v. BRANDI MARTIN, a/k/a BRANDI WILLIAMS, Co-Petitioner.
ORDER
Mike McGrath, Chief Justice
Co-Petitioner Benjamin David Martin has filed an affidavit in support of his request to disqualify the Honorable Michael B. Hayworth from presiding in Cause No. DR-16-2012-60C in the Eighteenth Judicial District Court, Gallatin County, pursuant to § 3-1-805, MCA.
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 Martin 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, Martin's allegations of bias or prejudice on Judge Hayworth's part are entirely speculative. He provides no facts alleging that Judge Hayworth has actually demonstrated bias or prejudice in this case. 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 Michael B. Hayworth from Gallatin County Cause No. DR-16-2012-60C is DENIED.
The Clerk is directed to provide copies of this Order to the Clerk of the District Court of Gallatin County for notification to Martin, to all parties of record in Cause No. DR-16-2012-60C, and to the Honorable Michael B. Hayworth.