Disqualification of District Court Judges

ORIGINAL 06/12/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA

Case Number: PR 20-0011

PR 20-0011

STATE OF MONTANA, MEL

Plaintiff, JUN 1 2 2020

Bovven Greenwood

Court vs. Clerk of Suprerne ORDER

State of Montana

MICHAEL JAY MURPHY,

Defendant.

Defendant Michael Jay Murphy, via counsel, has filed a Motion to Disqualify and Request to Recuse and an affidavit in support to disqualify the Honorable John W. Parker from presiding in Cause No. DDC-20-122 in the Eighth Judicial District Court, Cascade County, pursuant to §§ 3-1-803, and 3-1-805, MCA,and M. C. Jud. Cond. 2.12(A)(1),(5).

Murphy alleges that Judge Parker should be recused or disqualified from this matter because Judge Parker personally prosecuted Murphy in two previous cases and personally appeared at substantive hearings in DDC-05-0459 and BDC-05-407 when he served as Cascade County Deputy County Attomey. Murphy alleges that the appearance of Judge Parker's impartiality can be questioned and that he believes he cannot get a fair trial or, if convicted, sentencing hearing in the current matter because of knowledge and interest Judge Parker gained as a prosecutor against him.

Having reviewed Murphy's filing in this matter, the Court believes it is appropriate to allow Judge Parker to respond to this pleading.

IT IS THEREFORE ORDERED that Hon. John W.Parker is granted twenty days from the date ofthis Order to prepare, file, and serve a response to Murphy's Motion to Disqualify and Request to Recuse.

The Clerk is directed to provide copies of this Order to all counsel of record in Cause No. DDC-20-122 and to the Honorable John W.Parker.

DATED this ji-- day of June, 2020.

/ Chief Justice -)