Montana Code 3-1-803. Disqualification of judges — all courts
3-1-803. Disqualification of judges — all courts.
DISQUALIFICATION OF JUDGES
Terms Used In Montana Code 3-1-803
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
This section shall, in its application, apply to all courts listed in section 3-1-101 except a court of impeachment in the state senate.
Any justice, judge, justice of the peace, municipal court judge or city court judge must not sit or act in any action or proceeding:
1. To which he is a party, or in which he is interested.
2. When he is related to either party or any attorney or member of a firm of attorneys of record for a party by consanguinity or affinity within the third degree, computed according to the rules of law;
3. When he has been attorney or counsel in the action or proceeding for any party or when sitting in a case on appeal he as a judge in the lower court rendered or made the judgment, order, or decision appealed from.