Case Information
*1 ORIGINAL
08/08/2017 IN T H E SUPREM E COURT OF THE STATE OF MONTANA Case Number: PR 06-0120 PILED No. PR 06-0120 AUG 0 8 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 of a request to disqualify a district judge for cause rnust allege facts showing personal bias by the presiding judge, 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 final judgment. Sullivan's affidavit relates to rulings and actions by Judge Larson in the present case.
I T I S O R DE R E D t h at th e r e q u e st for disqual ification o f J u dg e La rso n p u r s u a nt to § 3 - 1-805, MCA, is DENIED and DISMI SSED.
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 J o h n Larson.
DATED this day of August, 2 0 1 7 .
Chief Justice