# (WINN.
IN THE SUPREME COURT OF THE STATE OF MONTANA

STATE OF MONTANA,

Plaintiff,
vs. MICHAEL JAY MURPHY,

Defendant. PR 20-0011 

# FILED JUL 06 2020

Bowen Greenwood Clerk of Supreme Court State of lvlontana ORDER

DefendantMichael Jay Murphy,via counsel,filed a Motion to Disqualify and Request to Recuse and an affidavit in support to disqualify the Honorable John W. Parker from presiding in Cause No.DDC-20-122 in the Eighth Judicial District Court,Cascade County, pursuantto §§ 3-1-803,and 3-1-805,MCA, and M.C.Jud.Cond.2.12(A)(1),(5). This Court found it appropriate to request a response from Judge Parker, and Judge Parker filed his response in opposition to Murphy's motion on July 2,2020. Murphy alleges that Judge Parker should be recused or disqualified from this matter because Judge Parker personally prosecuted Murphy in two previous cases and personally appeared at substantive hearings in DDC-05-0459 and BDC-05-407 when he served as Cascade County Deputy County Attorney. Murphy alleges that the appearance of Judge Parker's impartiality can be questioned and that he believes he cannot get a fair trial or, if convicted,sentencing hearing in the current matter because ofknowledge and interest Judge Parker gained as a prosecutor against him. In response,Judge Parker acknowledged thathe stood in for the lead prosecutorduring several hearings involving Murphy's previous criminal matters. However,he maintains that he has no personal knowledge or recollection of doing so and that he has no personal knowledge or recollection ofMurphy's earlier cases. Judge Parker further asserts thathe has recused himselfon numerous cases to eliminate any possible conflict ofinterest on matters 07/06/2020

Case Number: PR 20-0011he may have prosecuted or supervised as a former Cascade County Attorney and Deputy

County Attorney. He further asserts that it is his practice to disclose knowledge ofand social ties with parties, even in cases that would not require recusal, out offairness to the parties. Judge Parker asserts that in the present case, no such knowledge or ties exist that would require recusal. Section 3-1-803,MCA,provides in part that ajudge must not sit in an action when he has been attorney or counsel in the action or proceeding for any party. In this case, Judge Parker has not been attorney or counsel for the State in the action orproceeding. Section 3-1-805,MCA,provides that an affidavit for disqualification for cause must allege facts showing personal bias or prejudice ofthepresidingjudge. Section 3-1-805(1)(c), MCA, provides in part that any affidavit which does notallege facts showing personal bias or prejudice may be set aside as void. In this instance, the submitted affidavit does not demonstrate personal bias or prejudice. As a result, it is unnecessary to appoint a district judge to hear this matter. Furthermore, Judge Parker has not violated M.C. Jud. Cond. 2.12(A)(1)because he has no personal knowledge ofthe facts in dispute in this proceeding,and he has not violated M.C. Jud. Cond. 2.12(A)(5)because he did not serve as a lawyer in this matter, nor is he associated with such, nor did he participate personally and substantially as a lawyer in this proceeding. IT IS THEREFORE ORDERED that the motion to disqualify District Judge John W. Parker from Cascade County Cause No.Cause No.DDC-20-122 is DEMED. The Clerk is directed to provide copies ofthis Order to all counsel ofrecord in Cause No.DDC-20-122 and to the Honorable John W.Parker.

DATED this ilt

day ofJuly,2020.

2 ChiefJustice