Opinion
PR 23-0001
09-25-2023
DANIEL GEORGE RICHARDS, Petitioner, v. STATE OF MONTANA, Respondent.
ORDER
Daniel George Richards has filed an affidavit in support of his request to disqualify the Honorable Christopher D. Abbott from presiding in Cause No. DDV-2023-493 in the First Judicial District Court, Lewis and Clark County, pursuant to § 3-1-805, MCA.
The basis for the affidavit is that Richards is dissatisfied with Judge Abbott's rulings in a previous criminal case in which Richards was convicted and sentenced. However, § 3-1-805(1)(b), MCA, provides that an affidavit cannot be based solely on rulings that can be addressed on appeal. Richards's assertions of erroneous rulings in the criminal case, which may be addressed on appeal, cannot serve as the basis for disqualification in a subsequent matter before the same judge. Richards does not allege any additional facts showing personal bias or prejudice of the presiding judge as § 3-1-805, MCA, requires.
IT IS THEREFORE ORDERED that the motion to disqualify Judge Abbott is VOID and thereby DENIED.
The Clerk is directed to provide copies of this Order to the Clerk of the District Court of Lewis and Clark County for notification to all parties in Cause No. DDV-2023-493, and to the Honorable Christopher D. Abbott.