Montana Supreme Court, 2024

Disqualification of D.C. Judges

Disqualification of D.C. Judges
Montana Supreme Court · Decided July 8, 2024
Disqualification of D.C. Judges

Opinion

rj ORIGINAL 07/08/2024

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: PR 24-0001

PR 24-0001

ANGELA MARIE KRESS.

Plaintiff, v. ORDER JOHN FREDERICK MORIGEAU, JR., Defendant

Angela Marie Kress, representing herself, has requested to disqualify the Honorable Dan Wilson from presiding in Cause No. DR-18-206(D) in the Eleventh Judicial District Court, Flathead County, pursuant to § 3-1-805, MCA.

The basis for the affidavit appears to be Kress's disagreement with the District Court's rulings 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 Wilson is VOID and thereby DENIED.

The Clerk is directed to provide copies of this Order to the Clerk of the District Court of Flathead County for notification to all parties in Cause No. DR-18-206(D), and to the Honorable Dan Wilson.

DATED this `6 day ofJuly, 2024.

For the Court, FILED JUL 0 8 2024 Chief Justice Bowen Greenwood Clerk of Supreme Court State of Montana

Case-law data current through December 31, 2025. Source: CourtListener bulk data.