Mont. Code Ann. » TITLE 3. JUDICIARY, COURTS · CHAPTER 1. COURTS AND JUDICIAL OFFICERS GENERALLY · Part 8. Disqualification and Substitution of Judges Supreme Court Rule
Montana Code Annotated

Mont. Code Ann. § 3-1-803 (2026)

Disqualification Of Judges -- All Courts

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 3
  3. CHAPTER 1
  4. Part 8
  5. 3-1-803 Disqualification of judges -- all courts

TITLE 3. JUDICIARY, COURTS

CHAPTER 1. COURTS AND JUDICIAL OFFICERS GENERALLY

Part 8. Disqualification and Substitution of Judges Supreme Court Rule

Disqualification Of Judges -- All Courts

3-1-803. Disqualification of judges -- all courts.

DISQUALIFICATION OF JUDGES

This section shall, in its application, apply to all courts listed in section 3-1-101 except a court of impeachment in the state senate.

Any justice, judge, justice of the peace, municipal court judge or city court judge must not sit or act in any action or proceeding:

1. To which he is a party, or in which he is interested.

2. When he is related to either party or any attorney or member of a firm of attorneys of record for a party by consanguinity or affinity within the third degree, computed according to the rules of law;

3. When he has been attorney or counsel in the action or proceeding for any party or when sitting in a case on appeal he as a judge in the lower court rendered or made the judgment, order, or decision appealed from.

History: En. Sup. Ct. Ord. dated June 17, 1987; amd. July 29, 1987; amd. Sup. Ct. Ord. Sept. 13, 1988, eff. Sept. 13, 1988; amd. Sup. Ct. Ord. Dec. 5, 2000, eff. Jan. 1, 2001.

Notes of Decisions
Cited in 23 cases (4 in the last 5 years), 1988–2026 · leading case: In Re the Marriage of Markegard, 2006 MT 111 (Mont. 2006).
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In Re the Marriage of Markegard, 2006 MT 111 (Mont. 2006). · cites it 138× “In a section of her District Court brief entitled “law,” Jane quoted § 3-1-803, MCA, in its entirety but provided no analysis, authorities, or application relating to any subsection of the rule.”
Reichert v. State Ex Rel. Mcculloch, 2012 MT 111 (Mont. 2012). · cites it 18× “12(A), Legislators also cite § 3-1-803, MCA, which this Court adopted by order in 1987.”
Lutz v. Nat'l Crane Corp., 884 P.2d 455 (Mont. 1994). · cites it 12× “National Crane has failed to demonstrate that the District Court Judge had any interest in the outcome of this case.”
In re the Guardianship & Conservatorship of A.M.M., 2016 MT 213 (Mont. 2016). · cites it 3× “Section 3-1-803, MCA. ¶22 Genet failed to file an affidavit alleging bias or prejudice.”
B. McLaughlin v. MT Legislature, 2021 MT 120 (Mont. 2021). · cites it 6× “Nonetheless, the Legislature relies on § 3-1-803, MCA, to assert a justice must recuse himself or herself in any proceeding “to which he is a party, or in which he is interested .”
Draggin' Y Cattle Co. v. Addink, 2016 MT 98 (Mont. 2016). · cites it 2× “12(C) provides that disqualification claims may be waived by the parties unless disqualification is “for bias or prejudice under paragraph (A)(1).” M. C. Jud. Cond., Rule 2.12(C). New York Marine 8 does not assert that Judge Huss had “a personal bias or prejudice concerning a…”
Washington v. Montana Mining Props., Inc., 795 P.2d 460 (Mont. 1990). · cites it 4× “" He based this conclusion on the fact that Sullivan's son was not an attorney and not a member of the Bar. Accordingly, he was not and could not be a "member" of the Datsopoulos law firm.”
Shultz v. Hooks, 867 P.2d 1110 (Mont. 1994). · cites it 4× “*237 We conclude that Judge Lympus was required to disqualify himself from presiding over this malpractice action, according to § 3-1-803, MCA, which provides in pertinent part: 3-1-803.”
In re B.W.S., 2014 MT 198 (Mont. 2014). · cites it 5× “¶16 Recusal of judges in Montana is governed by § 3-1-803, MCA, and Supreme Court Rule 2.”
Sheehy v. Ferda, 765 P.2d 722 (Mont. 1988). · cites it 3× “3, Section 3-1-803(2), MCA, as follows): “Any justice .”
In re A.N.W., 2006 MT 42 (Mont. 2006). “, §§ 3-1-803 through -805, MCA. Where a party moves to disqualify a judge under § 3-1-805, MCA, the judge is without authority to act further in any judicial capacity except to complete certain ministerial duties.”
Bullman v. State, 2014 MT 78 (Mont. 2014). · cites it 4× “We required disqualification of Judge Lympus based on § 3-1-803, MCA: A judge is not prevented from presiding over matters which involved his or her prior clients if the action involves another matter.”
Show all 23 citing cases →
— Mont. Code Ann. § 3-1-803(2) — 2 cases
In Re the Marriage of Markegard, 2006 MT 111 (Mont. 2006). “In a section of her District Court brief entitled “law,” Jane quoted § 3-1-803, MCA, in its entirety but provided no analysis, authorities, or application relating to any subsection of the rule.”
Sheehy v. Ferda, 765 P.2d 722 (Mont. 1988). “3, Section 3-1-803(2), MCA, as follows): “Any justice .”
— Mont. Code Ann. § 3-1-803(3) — 3 cases
In Re the Marriage of Markegard, 2006 MT 111 (Mont. 2006). “In a section of her District Court brief entitled “law,” Jane quoted § 3-1-803, MCA, in its entirety but provided no analysis, authorities, or application relating to any subsection of the rule.”
In re B.W.S., 2014 MT 198 (Mont. 2014). “¶16 Recusal of judges in Montana is governed by § 3-1-803, MCA, and Supreme Court Rule 2.”
Matter of A.A. D.A. D.A., 2015 MT 268N (Mont. 2015).
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