ORIGINAL 06/12/2020
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: PR 20-0011
PR 20-0011
STATE OF MONTANA, MEL
Plaintiff, JUN 1 2 2020
Bovven Greenwood
Court
vs. Clerk of Suprerne ORDER
State of Montana
MICHAEL JAY MURPHY,
Defendant.
Defendant Michael Jay Murphy, via counsel, has 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).
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 Attomey. 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.
Having reviewed Murphy's filing in this matter, the Court believes it is appropriate to
allow Judge Parker to respond to this pleading.
IT IS THEREFORE ORDERED that Hon. John W.Parker is granted twenty days from
the date ofthis Order to prepare, file, and serve a response to Murphy's Motion to Disqualify
and Request to Recuse.
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 ji-- day of June, 2020.
/
Chief Justice
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