Opinion
PR 24-0001
11-01-2024
STATE OF MONTANA, Plaintiff, v. RYAN BARKLEY, Defendant
ORDER
Ryan Barkley, representing himself, has requested to disqualify the Honorable Jason Marks from presiding in Cause No. DC-20-473 in the Fourth Judicial District Court, Missoula County, pursuant to § 3-1-805, MCA.
The basis for the affidavit appears to be Barkley's disagreement with rulings Judge Marks made. However, § 3-l-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 Marks is VOID and thereby DENIED.
The Clerk is directed to provide copies of this Order to the Clerk of the District Court of Missoula County for notification to all parties in Cause No. DC-20-473 and to the Honorable Jason Marks.