04/04/2022

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: PR 22-0001 PR 22-0001 _________________ STATE OF MONTANA, Plaintiff, v. ORDER KERRY SAMUEL JOHNSON, Defendant. _________________ Defendant Kerry Samuel Johnson, via counsel, has filed a Declaration of Jack Morris to Disqualify District Judge Luke Berger which requests the disqualification of the Honorable Luke M. Berger from presiding in Cause No. DC-2021-4024 in the Fifth Judicial District Court, Beaverhead County, pursuant to § 3-1-805, MCA.

It has come to this Court’s attention that Judge Berger has recused himself from this case.

IT IS THEREFORE ORDERED that the motion to disqualify District Judge Luke M. Berger from Beaverhead County Cause No. DC-2021-4024 is DENIED as MOOT.

The Clerk is directed to provide copies of this Order to the Clerk of the District Court of Beaverhead County for notification to all parties of record in Cause No. DC-2021-4024, and to the Honorable Luke M. Berger.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court April 4 2022