Disqualification of District Court ( 2017 )

ORIGINAL 08/08/2017
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: PR 06-0120
No. PR 06-0120
PILED
AUG 08 2017
CITY OF MISSOULA,
Ear Smith
CLERK OF THE SUPREME COURT
Plaintiff and Appellee, STATE OF MONTANA
v. ORDER
TERRY J. SULLIVAN,
Defendant and Appellant.
Telly James Sullivan has asked that the Honorable John Larson be disqualified for
cause from presiding over Missoula County Cause No. DC-17-34, pursuant to § 3-1-805,
MCA. Sullivan has filed an affidavit in support of his request.
Section 3-1-805, MCA,requires that the affidavit in support ofa request to disqualify
a districtjudge for cause rnust allege facts showing personal bias by the presidingjudge, and
§ 3-1-805(1)(b), MCA,provides that an 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 finaljudgment. Sullivan's affidavit relates to rulings and actions by Judge Larson
in the present case.
IT IS ORDERED that the request for disqualification ofJudge Larson pursuant to § 3-
1-805, MCA,is DENIED and DISMISSED.
The Clerk of this Court is directed to provide copies of this Order to the Clerk of
Court of Missoula County for immediate notification to Terry J. Sullivan, all counsel of
record in Missoula County Cause No. DC-17-034, and the Honorable John Larson.
DATED this day of August, 2017.
Chief Justice