STATE v. ELLIS

No. DA 08-0149.

206 P.3d 564 (2009)

2009 MT 58

349 Mont. 317

STATE of Montana, Plaintiff and Appellant, v. William Bruce ELLIS, Jr., Defendant and Appellee.

Supreme Court of Montana.

February 25, 2009.


OPINION and ORDER

¶ 1 William Bruce Ellis, Jr. (Ellis) has filed a motion to disqualify the Honorable Mike McGrath from presiding over and participating in the above-described proceeding. Ellis notes that the appeal in this matter was initiated by the State of Montana while Chief Justice McGrath was still serving as the Montana Attorney General.

¶ 2 Rule 2.12(A)(5) of the Code of Judicial Conduct addresses the situations under which a Judge should...

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