Bill > SB30

This bill modifies Montana state law regarding judicial conflicts of interest and recusal procedures. Specifically, the bill amends existing law to clarify and restrict the use of the "rule of necessity" - a legal doctrine that allows judges to preside over cases despite potential conflicts when no other judges are available. The new language prohibits a judicial officer from using the rule of necessity to avoid recusal when other judicial officers with less significant or immediate conflicts are available to serve as substitutes. The bill maintains existing provisions that allow parties to request judicial recusal if a lawyer, law firm, or party has made significant political contributions to the judge within the past six years, requiring the moving party to provide sufficient facts demonstrating such contributions. The bill preserves the definitions of "contribution" and "judicial officer" from previous law, ensuring that the recusal standards apply consistently across judicial proceedings. By introducing this restriction on the rule of necessity, the bill aims to enhance judicial impartiality and reduce potential conflicts of interest in court proceedings.

Justice

https://bills.legmt.gov/#/laws/bill/20251/LC2223