Motion Filed to Disqualify Judge Kurt Krueger from SB140 Challenge

The Montana Department of Justice today filed a motion to disqualify Judge Kurt Krueger and any Montana judicial officer who “voted” on or expressed approval or disapproval of Senate Bill 140 in an email poll conducted by a Montana Supreme Court administrator. The motion also requests public disclosure of the judges who voted in the poll and moves for a stay of this proceeding until the Court can seat an impartial and independent judicial panel to decide this case.

On January 29, 2021, Montana Supreme Court Administrator Beth McLaughlin emailed every Montana Supreme Court Justice and every Montana District Court Judge—using government email accounts—to request that they “take a position” on SB140 and state that position using a “toolbar.” The email chain (attached in the filing) does not reveal the poll results or include which judges or justices used the toolbar. However, Judge Krueger and at least 17 other District Court Judges responded to McLaughlin.

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