(WINN.

IN THE SUPREME COURT OF THE STATE OF MONTANA

STATE OF MONTANA,

Plaintiff,

vs.

MICHAEL JAY MURPHY,

Defendant.

PR 20-0011

FILED

JUL 0 6 2020

Bowen Greenwood

Clerk of Supreme Court

State of lvlontana

ORDER

Defendant Michael 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,

pursuant to §§ 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 of knowledge and interest Judge

Parker gained as a prosecutor against him.

In response, Judge Parker acknowledged that he stood in for the lead prosecutor during

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 of Murphy's earlier cases. Judge Parker further asserts that he has

recused himself on numerous cases to eliminate any possible conflict of interest on matters

07/06/2020

Case Number: PR 20-0011
he 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 of and social

ties with parties, even in cases that would not require recusal, out of fairness 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 a judge 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 or proceeding.

Section 3-1-805, MCA, provides that an affidavit for disqualification for cause must

allege facts showing personal bias or prejudice of the presiding judge. Section 3-1-805(1)(c),

MCA, provides in part that any affidavit which does not allege 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 of the 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 of this Order to all counsel of record in Cause

No. DDC-20-122 and to the Honorable John W. Parker.

DATED this iltday of July, 2020.

2

Chief Justice