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State v. Ertel

Supreme Court of Montana
Jul 12, 2024
PR 24-0001 (Mont. Jul. 12, 2024)

Opinion

PR 24-0001

07-12-2024

STATE OF MONTANA, Plaintiff, v. JEREMY GORDON ERTEL, Defendant.


ORDER

The Honorable Yvonne Laird, presiding Judge in Cause No. DC-2023-09 in the Seventeenth Judicial District Court, Blaine County, has forwarded to this Court a motion filed by Defendant Jeremy Gordon Ertel via counsel. While noting that the motion was captioned as a motion for recusal, Judge Laird has forwarded the filing to this Court because it is, in substance, a motion for disqualification for cause pursuant to § 3-1-805, MCA. Ertel relies on M. C. Jud. Cond. 2.12 as the authority in support of his motion.

Section 3-1-805, MCA, requires that a motion to disqualify a district judge for cause must be supported by affidavit alleging facts showing personal bias or prejudice of the presiding judge. Sections 3-1-805(a) and (b), MCA, provide the criteria for such affidavit. Under § 3-1-805(c), MCA, any affidavit which is not in proper form may be set aside as void. In this instance, Ertel has failed to file an affidavit that meets the statutory requirements. Thus, his motion is void.

IT IS THEREFORE ORDERED that the motion to disqualify District Judge Yvonne Laird from Blaine County Cause No. DC-2023-09 is DENIED.

The Clerk is directed to provide copies of this Order to the Clerk of the District Court of Blaine County for notification to all counsel of record in Cause No. DC-2023-09, and to the Honorable Yvonne Laird.


Summaries of

State v. Ertel

Supreme Court of Montana
Jul 12, 2024
PR 24-0001 (Mont. Jul. 12, 2024)
Case details for

State v. Ertel

Case Details

Full title:STATE OF MONTANA, Plaintiff, v. JEREMY GORDON ERTEL, Defendant.

Court:Supreme Court of Montana

Date published: Jul 12, 2024

Citations

PR 24-0001 (Mont. Jul. 12, 2024)