!G!NAL

IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 20-0611

TERRY WALLACE,

Plaintiff and Appellant,

v.

ORDER

LAW OFFICE OF BRUCE SPENCER, PLLC,

LPH, INC, a Montana Corporation, GEISZLER

STEELE, PC, and John Does 1-5,

Defendants and Appellees.

I 

Self-represented Appellant Terry Wallace moves this Court to: (1) disqualify this

Court, en banc, from hearing this appeal; (2) remand the case to the Lewis and Clark

County District Court due to newly discovered evidence, and (3) order a temporary stay

until the issues on remand are completed. Through counsel, Appellees Law Office of

Bruce Spencer, LPH, Inc., and Geiszler Steele (collectively the Business Entities), respond

in opposition.

Wallace contends that this appeal should be stayed temporarily "and remanded to

the district court to determine if the evidence influenced the judgment against Wallace."

He argues "newly discovered evidence has revealed this Court's longstanding prejudice

against him and that it would be impossible for him to have a fair and impartial

determination of his appeal by the current sitting court[l" Wallace also alleges that Bruce

Spencer is an employee of the Judge and Chief Justice. Wallace concludes that

"widespread unethical conducr exists and there is an appearance of impropriety between

Bruce Spencer, District Court Judge Mike Menahan, and Chief Justice Mike McGrath.

The Business Entities put forth that this Court should deny Wallace's consolidated

motions because Wallace has provided no basis in fact, no basis in law, or no applicable

legal authority for support of his motions. The Business Entities explain that Wallace cites

06/08/2021

Case Number: DA 20-0611
to case law from other states and not Montana. The Business Entities ffirther explain that

in Wallace's Motion to Disqualify, Wallace relies on "his own baseless and oft-repeated

allegations of this Court's and the District Court's asserted bias against him, false and

immaterial statements concerning Bruce Spencer's work on behalf of the State Bar of

Montana, and his unsupported and opportunistic spin on public information." They point

to Wallace's continuing behavior of asserting bias from this Court against him. The

Business Entities summarize Wallace's accusations about bias because prior District

Courts' and this Court' s decisions either ruled against him or his clients.

The Business Entities point out that Bruce Spencer is not an employee of either this

Court or the District Court and that Bruce Spencer engaged in authorized lobbying

activities for the State Bar of Montana. They further point out that Wallace appeals an

October 20, 2020 Order granting their Motion for Summary Judgment, which was decided

months before Bruce Spencer's activity on behalf of the Montana State Bar. The Business

Entities contend that Wallace rehashes prior decisions from this Court and District Courts.

They conclude that nothing in Wallace's motions support disqualification, remand, or a

stay.

We find the Business Entities' arguments dispositive and conclude that Wallace

provides no basis in law or fact to support his motions. It is apparent that Wallace desires

a different outcome to prior decisions. See Devlin v. Christopher, No. OP 17-0372, 2017

Mont. LEXIS 635, *5 (Jul. 11, 2017) (Petitioner Chuck Devlin sought a different outcome

over a decade, including disqualification of the District Court Judge, for his 2007

convictions). This Court has explained before that in being "mindfur of Rule 2.7 of the

Judicial Code of Conduct: "A judge shall hear and decide matters assigned to the judge,

except when disqualification is required by Rule 2.12 or other law." Reichert v. State, 2012

MT 111, ¶ 49, 365 Mont. 92, 278 P.3d 455. Wallace's consolidated motions lack merit.

Wallace has not demonstrated any legal reason for disqualification, remand, or a stay. See

§ 3-1-803, MCA; M. R. App. P. 16(1), 19(1)(c) and 22(2)-(4). This appeal should proceed.

We observe that Wallace's reply brief is due on or before July 8, 2021. Accordingly,

2
IT IS ORDERED that Wallace's Consolidated Motions are DENIED.

The Clerk of the Supreme Court is directed to provide a copy of this Order to counsel

of record and to Terry Wallace personally.

DATED this 'lay of June, 2021.

494 n4 AIL

Justices

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