ORIGINAL IN THE SUPREME COURT OF THE STATE OF MONTANA
06/09/2020
PR 20-0011 Case Number: PR 20-0011
STATE OF MONTANA, FILED
Plaintiff, JUN 0 9-2020
Bowen Greenwood
Tclprlf.,of Supreme Cour
VS. O K. I/ te of Montana
Jose Martinez, Jr.,
Defendant.
Jose Martinez, Jr., has filed a Motion to Disqualify for Cause in the Thirteenth
Judicial District Court, Yellowstone County, Cause No.DV-19-0674,in which he seeks to
disqualify the Honorable Gregory R. Todd from presiding in that matter.
Martinez argues that Judge Todd must be disqualified under § 3-1-803, MCA,and
M. C. Jud. Cond. 2.12(A)(2)(a) because Martinez filed a civil lawsuit against Judge Todd
in the United States District Court for the District of Montana, Billings Division.
Section 3-1-803, MCA, provides in relevant part that a judge must not sit in any
action to which he is a party. M.C. Jud. Cond. 2.12(A)(2)(a) provides in relevant part that
ajudge shall disqualify himselfif he is a party to the proceeding. Judge Todd is not a party
to Cause No. 19-0674. Disqualification is therefore not required under the applicable
statute or rule.
IT IS THEREFORE ORDERED that the motion to disqualify District Judge
Gregory R. Todd from Yellowstone County Cause No. DV-19-0674 is DENIED.
The Clerk is directed to provide copies of this Order to the Clerk of the District
Court of Yellowstone County for notification to Jose Martinez, Jr., personally and to all
counsel of record in Cause No. DV-19-0674, and to the Honorable Gregory R. Todd.
der17
DATED this day of June, 2020.
For the Court,
C ief Justice