Montana Supreme Court, 2024

Disqualification of D.C. Judges

Disqualification of D.C. Judges
Montana Supreme Court · Decided November 15, 2024 · PR 24-0001
Disqualification of D.C. Judges

Opinion

ORIGINAL 11/15/2024

IN THE SUPREME COURT OF THE STATE OF MONTANA

Case Number: PR 24-0001 PR 24-0001

CHUCK SEIBERT and CHRISTINE SEIBERT,

Plaintiffs, v.

ORDER GREG JONER and KIMBERLY JONER, d/b/a

COUNTRY ROAD BUILDERS,

FILED Defendants. NOV 1 5 2024 Bowen Greenwood Clerk of Supreme Court State of Montana

Christine Seibert, representing herself, has requested to disqualify the Honorable John Mercer from presiding in Cause No. DV-21-01 in the Twentieth Judicial District Court, Sanders County, pursuant to § 3-1-805, MCA.

The basis for the affidavit appears to be Seibert's disagreement with rulings Judge Mercer made in this matter. However, § 3-1-805(1)(b), MCA, provides that an affidavit cannot be based solely on rulings in the case which can be addressed on appeal.

IT IS THEREFORE ORDERED that the motion to disqualify Judge Mercer is VOID and thereby DENIED.

The Clerk is directed to provide copies of this Order to the Clerk of the District Court of Sanders County for notification to all parties in Cause No. DV-21-01 and to the Honorable John Mercer.

DATED this ay of November, 2024.

For the Court,

Chief Justice

Case-law data current through September 30, 2026. Source: CourtListener bulk data.