Montana Code Annotated

Mont. Code Ann. § 3-1-805 (2026)

Disqualification For Cause

✓ current as of May 2026

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TITLE 3. JUDICIARY, COURTS

CHAPTER 1. COURTS AND JUDICIAL OFFICERS GENERALLY

Part 8. Disqualification and Substitution of Judges Supreme Court Rule

Disqualification For Cause

3-1-805. Disqualification for cause.

DISQUALIFICATION FOR CAUSE

This section is limited in its application to judges presiding in district courts, justice of the peace courts, municipal courts, small claims courts, and city courts.

1. Whenever a party to any proceeding in any court shall file an affidavit alleging facts showing personal bias or prejudice of the presiding judge, such judge shall proceed no further in the cause. If the affidavit is filed against a district judge, the matter shall be referred to the Montana Supreme Court. If the affidavit is in compliance with subsections (a), (b), and (c) below, the Chief Justice shall assign a district judge to hear the matter. If the affidavit is filed against a judge of a municipal court, justice court, or city court, any district judge presiding in the district of the court involved may appoint either a justice of the peace, a municipal judge or a city court judge, to hear any such proceeding.

(a) The affidavit for disqualification must be filed more than thirty (30) days before the date set for hearing or trial.

(b) The affidavit shall be accompanied by a certificate of counsel of record that the affidavit has been made in good faith. 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.

(c) Any affidavit which is not in proper form and which does not allege facts showing personal bias or prejudice may be set aside as void.

(d) The judge appointed to preside at a disqualification proceeding may assess attorneys fees, costs and damages against any party or his attorney who files such disqualification without reasonable cause and thereby hinders, delays or takes unconscionable advantage of any other party, or the court.

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. dated January 6, 1994; amd. Sup. Ct. Ord. dated June 19, 2003, eff. June 19, 2003.

Notes of Decisions

Cited in 92 cases (42 in the last 5 years), 1988–2026 · leading case: Draggin' Y Cattle Co. v. Junkermier, Clark, Campanella, Stevens, P.C., 2017 MT 125 (Mont. 2017).

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Draggin' Y Cattle Co. v. Junkermier, Clark, Campanella, Stevens, P.C., 2017 MT 125 (Mont. 2017). · cites it 27× “We therefore “determine^] that the appropriate course of action [was] to refer the disqualification issue to a district judge to hear the matter pursuant to § 3-1-805, MCA.” Draggin’ YII, ¶ 31. In a subsequent order, this Court assigned the Honorable Russell C.”

Swan v. State, 2006 MT 39 (Mont. 2006). · cites it 18× “Alternatively, § 3-1-805, MCA, provides that a party may move for the disqualification of a judge for cause by filing "an affidavit alleging facts showing personal bias or prejudice of the presiding judge.”

State v. Langford, 882 P.2d 490 (Mont. 1994). · cites it 12× “Section 3-1-805, MCA (1991). However, such an affidavit must be filed more than 30 days before the date set for hearing or trial.”

In re the Guardianship & Conservatorship of A.M.M., 2016 MT 213 (Mont. 2016). · cites it 10× “The procedure for disqualification is set forth in § 3-1-805, MCA. “Whenever a party to any proceeding in any court shall file an affidavit alleging facts showing personal bias or prejudice of the presiding judge, such judge shall proceed no further in the cause.”

In Re the Marriage of Markegard, 2006 MT 111 (Mont. 2006). · cites it 11× “Jane did not timely file such an affidavit and, as a result, our decisions addressing § 3-1-805, MCA, and its predecessors are inapplicable. ¶21 With the exception of Shultz v.”

Draggin' Y Cattle Co. v. Addink, 2016 MT 98 (Mont. 2016). · cites it 8× “7 (“A judge shall hear and decide matters assigned to the judge, except when disqualification is required by Rule 2.”

State v. Colburn, 419 P.3d 1196 (Mont. 2018). · cites it 2× “The notice must be filed within twenty calendar days after the remittitur has been filed with the district court. Section 3-1-804(12), MCA. This Court has determined that failure to timely move for an automatic substitution of the trial judge for cause under § 3-1-805, MCA, may…”

Smith v. State, 2000 MT 327 (Mont. 2000). · cites it 4× “Smith ignored another opportunity to raise this claim following his January 14, 1992 sentencing hearing, when he filed an affidavit to disqualify the then-presiding judge, Judge Harkin, pursuant to § 3-1-805, MCA. The original sentencing judge again called in a *398 replacement.”

Wareing v. Schreckendgust, 930 P.2d 37 (Mont. 1996). · cites it 2× “Second, under § 3-1-805, MCA, Schreckendgust was permitted to make a motion for disqualification for cause.”

State v. Martz, 760 P.2d 65 (Mont. 1988). · cites it 3× “Judge Robb denied the motion on the grounds that (1) the defendant failed to submit an affidavit in support of the motion, as required by Section 3-1-805, MCA, and (2) there was no evidence of prejudice by the District Court.”

State v. Shaver, 760 P.2d 1230 (Mont. 1988). · cites it 3× “That Supreme Court Order created a new disqualification for cause statute, Section 3-1-805, MCA, that requires filing an affidavit for disqualification for cause more than thirty days before the date of a hearing or trial.”

State v. D. Strang, 2017 MT 217 (Mont. 2017). · cites it 6× “We determined that this presented “extenuating circumstances” warranting remand for a hearing under § 3-1-805, MCA, which provides the ordinary method for seeking a judge’s disqualification.”

Show all 92 citing cases →

— Mont. Code Ann. § 3-1-805(1) — 9 cases

Draggin' Y Cattle Co. v. Junkermier, Clark, Campanella, Stevens, P.C., 2017 MT 125 (Mont. 2017). “We therefore “determine^] that the appropriate course of action [was] to refer the disqualification issue to a district judge to hear the matter pursuant to § 3-1-805, MCA.” Draggin’ YII, ¶ 31. In a subsequent order, this Court assigned the Honorable Russell C.”

In re the Guardianship & Conservatorship of A.M.M., 2016 MT 213 (Mont. 2016). “The procedure for disqualification is set forth in § 3-1-805, MCA. “Whenever a party to any proceeding in any court shall file an affidavit alleging facts showing personal bias or prejudice of the presiding judge, such judge shall proceed no further in the cause.”

Marriage of Cox, 2015 MT 78N (Mont. 2015).

Matter of A.M.M., 2016 MT 213 (Mont. 2016).

Disqualification of D.C. Judges (Mont. 2022).

— Mont. Code Ann. § 3-1-805(1)(a) — 5 cases

Matter of A.M.M., 2016 MT 213 (Mont. 2016).

City of Red Lodge v. E. Rodman, 2020 MT 321N (Mont. 2020).

Matter of A.M.M., 2020 MT 257N (Mont. 2020).

Marriage of Dummer Nascimento, 2001 MT 15N (Mont. 2001).

Disqualification of D.C. Judges (Mont. 2022).

— Mont. Code Ann. § 3-1-805(1)(b) — 18 cases

State v. B. Howard, 2017 MT 285 (Mont. 2017).

State v. D. Strang, 2017 MT 217 (Mont. 2017). “We determined that this presented “extenuating circumstances” warranting remand for a hearing under § 3-1-805, MCA, which provides the ordinary method for seeking a judge’s disqualification.”

Davenport v. Odlin, 2014 MT 109 (Mont. 2014).

Ducharme v. Brick, 2024 MT 288N (Mont. 2024).

Disqualification of Dist. Court Judges (Mont. 2020).

— Mont. Code Ann. § 3-1-805(1)(c) — 2 cases

Disqualification of Dist. Court Judges (Mont. 2020).

— Mont. Code Ann. § 3-1-805(1)(d) — 1 case

Haldeman v. Elliott, 2000 MT 173N (Mont. 2000).

— Mont. Code Ann. § 3-1-805(a) — 1 case

Marriage of Stoneman Drollinger, 2003 MT 217N (Mont. 2003).

— Mont. Code Ann. § 3-1-805(b) — 1 case

Davenport v. Odlin, 2011 MT 327N (Mont. 2011).

— Mont. Code Ann. § 3-1-805(c) — 1 case

William Randy Clark v. State, 2008 MT 149N (Mont. 2008).

— Mont. Code Ann. § 3-1-805(l)(b) — 2 cases

In Re the Marriage of Cini, 2011 MT 295 (Mont. 2011).

Davenport v. Odlin, 2014 MT 109 (Mont. 2014).

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