Opinion
PR 07-0011
07-05-2022
IN THE MATTER OF CALLING A RETIRED DISTRICT JUDGE TO ACTIVE SERVICE
ORDER
The Honorable Jon A. Oldenburg, Judge of the District Court for the Tenth Judicial District of the State of Montana, has requested the assistance of retired District Judge Wm. Nels Swandal to assume jurisdiction of the following cases in Fergus County:
DV-2021-18 James Joseph Sanofsky v. Richard E. Krillenberger
DC-2022-29 State v. Patrick Gallagher
DG-2009-17 State v. James Alan Dover
DG-2021-24 State v. Caleb John Dover
Judge Swandal has retired under the provisions of the Montana Judges' Retirement System and, being subject to call for duty pursuant to § 19-5-103(a) and (b), MCA, has advised that he is agreeable to assisting the Tenth Judicial District Court with the above-listed matters.
IT IS HEREBY ORDERED:
1. The Honorable Wm. Nels Swandal, retired District Judge, is hereby called to active service in the District Court of the Tenth Judicial District of the State of Montana, to assume judicial authority of the following Fergus County Cases:
DV-2021-18 James Joseph Sanofsky v. Richard E. Krillenberger
DC-2022-29 State v. Patrick Gallagher
DG-2009-17 State v. James Alan Dover
DG-2021-24 State v. Caleb John Dover
and is hereby authorized to proceed with any and all necessary hearings, opinions, and orders, including final resolution of said matters.
2. For all active service, Judge Swandal shall be paid the salary compensation to which he is entitled by § 19-5- 103(2)(b), MCA. and actual expenses, if any, shall be reimbursed.
3. A copy of this Order shall be filed with the Clerk of Court of the Tenth Judicial District, Fergus County, with the request that this Order be sent to all counsel of record in the above-listed matters.
4. A copy of this Order shall also be furnished to the Honorable Jon A. Oldenburg, the Honorable Win. Nels Swandal, and to Cathy Pennie, Office of the Supreme Court Administrator.
This Order is entered by the Chief Justice pursuant to Article VII, Section 6(3) of the 1972 Montana Constitution, and statutes enacted in conformity therewith and in implementation thereof.