Opinion
PR 23-0001
06-13-2023
STATE OF MONTANA, Plaintiff, v. SKYLER GRIEBEL, Defendant.
ORDER
Skyler Griebel, via counsel, has moved to disqualify the Honorable Ray Dayton from presiding in Cause No. DC-22-33 in the Sixth Judicial District Court, Park 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. In support of the disqualification motion, Griebel's counsel Jami Rebsom filed a 94-paragraph affidavit accusing Judge Dayton of unprofessional conduct, inappropriate humor, lack of knowledge as to the applicable law, and a disrespectful attitude toward defense counsel. Griebel further filed hearing transcripts that he alleges support the allegations made in Rebsom's affidavit. Having reviewed the submitted transcripts, it is apparent that many of Rebsom's accusations take Judge Dayton's statements out of context while others mischaracterize the proceedings. The remainder of the statements that Rebsom asserts are evidence of bias simply do not provide such evidence and thus do not satisfy § 3-1-805(1)(c), MCA.
Griebel further alleges evidence of bias because Judge Dayton issued rulings adverse to Griebel. 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 these rulings can be addressed in an appeal, Griebel has not demonstrated grounds for disqualification.
IT IS THEREFORE ORDERED that the motion to disqualify Judge Dayton is VOID and thereby DENIED.
The Clerk is directed to provide copies of this Order to the Clerk of the District Court of Park County for notification to all parties in Cause No. DC-22-33, and to the Honorable Ray Dayton.