ORIGINAL
05/04/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: PR 07-0011
PR 07-0011
ED
MAY 0 4 2023
Bowen Greenwood
Clerk of Supreme Court
State of Montana
IN THE MATTER OF CALLING A RETIRED
ORDER
DISTRICT JUDGE TO ACTIVE SERVICE
The Honorable Ray Dayton, Judge of the District Court for the Third Judicial
District of the State of Montana, has requested the assistance of retired District Judge
Ed McLean to assume jurisdiction of Powell County Cause No. DC-22-113, State v.
LaTray, and Anaconda-Deer Lodge County Cause No. DC-22-96, State v. Cunningham.
Judge Dayton also requests assistance with the Law and Motion Calendar in Powell County
and Anaconda-Deer Lodge County June 6 through 9, 2023.
Judge McLean has retired under the provisions of the Montana Judges' Retirement
System and, being subject to call for duty pursuant to § 19-5-103(a) and (b), MCA, has
advised that he is agreeable to assisting the Third Judicial District Court with the
above-listed matters.
IT IS HEREBY ORDERED:
1. The Honorable Ed McLean, retired District Judge, is hereby called to active
service in the District Court of the Third Judicial District of the State of Montana, to assume
judicial authority of Powell County Cause No. DC-22-113, State v. LaTray,
Anaconda-Deer Lodge County Cause No. DC-22-96, State v. Cunningham, and the Law
and Motion Calendar in Powell County and Anaconda-Deer Lodge County June 6 through
9, 2023, and is hereby authorized to proceed with any and all necessary hearings, opinions,
and orders, including final resolution of said matters.
2. For all active service, Judge McLean shall be paid the salary compensation to
which he is entitled by § 19-5-103(2)(b), MCA, and actual expenses, if any, shall be
reimbursed.
3. A copy of this Order shall be filed with the Clerks of Court of Powell County and
Anaconda-Deer Lodge County, with the request that this Order be sent to all counsel of
record in the above-listed matters.
4. A copy of this Order shall also be furnished to the Honorable Ray Dayton, the
Honorable Ed McLean, and to Cathy Pennie, Office of the Supreme Court Administrator.
This Order is entered by the Chief Justice pursuant to Article VII, Section 6(3) of
the 1972 Montana Constitution, and statutes enacted in conformity therewith and in
implementation thereof,2, -
DATED this --,/ day of May, 2023.
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