Opinion
PR 22-0001
02-16-2022
STATE OF MONTANA, Plaintiff, v. CHAD JACOB JOHNSTON, Defendant.
ORDER
The Honorable Robert L. Deschamps III, presiding Judge in Cause No. DC-21-144 in the Fourth Judicial District Court, Missoula County, has forwarded to this Court a motion filed by Defendant Chad Jacob Johnston via counsel. While noting that the motion was captioned as a motion for substitution, Judge Deschamps has forwarded the filing to this Court as a motion for disqualification for cause pursuant to § 3-1-805, MCA, because Johnston relied on that statute, along with M. C. Jud. Cond. 2.12, as the authority in support of his motion.
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 this instance, Johnston does not allege any facts showing personal bias or prejudice of Judge Deschamps. Rather, he asserts that the appearance of impartiality cannot be avoided because Judge Deschamps is set to preside over a homicide trial, in which Johnston may be called as a rebuttal witness, prior to presiding over a bench trial in which Johnston is the defendant. Under M. C. Jud. Cond. 2.12(A), it is within a judge's discretion to determine if his or her impartiality might reasonably be questioned and the judge should thus disqualify himself or herself from hearing a matter. However, the allegation of an appearance of impartiality is insufficient grounds for disqualification under § 3-1-805, MCA, and therefore further disqualification proceedings under the statute are not warranted.
IT IS THEREFORE ORDERED that the motion to disqualify District Judge Robert L. Deschamps III from Missoula County Cause No. DC-21-44 is DENIED.
The Clerk is directed to provide copies of this Order to the Clerk of the District Court of Missoula County for notification to all counsel of record in Cause No. DC-21-44, and to the Honorable Robert L. Deschamps III.