# !G!NAL

IN THE SUPREME COURT OF THE STATE OF MONTANA DA 20-0611

TERRY WALLACE,

Plaintiffand 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 ofhis appeal by the currentsitting 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 ofimpropriety between Bruce Spencer,District Court Judge Mike Menahan,and ChiefJustice 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 supportofhis motions. The Business Entities explain that Wallace cites 06/08/2021

Case Number: DA 20-0611to 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 thatBruce Spencer is not an employee ofeither 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 behalfofthe 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 ofRule 2.7 ofthe Judicial Code ofConduct: "A judge shall hear and decide matters assigned to the judge, exceptwhen disqualification is required by Rule 2.12 or other law." Reichertv. State,2012 MT 111,¶49, 365 Mont. 92, 278 P.3d 455. Wallace's consolidated motions lack merit. Wallace has notdemonstrated 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 briefis due on or before July 8,2021. Accordingly, 2

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

The Clerk ofthe Supreme Courtis directed toprovide a copy of this Orderto counsel ofrecord and to Terry Wallace personally. DATED this 'lay ofJune,2021. 

# 494 n4 AIL

Justices

3