Davenport v. Odlin

Summary

The Montana Supreme Court affirmed the District Court’s denial of Kristine Davenport’s affidavits of disqualification and related applications concerning Justice of the Peace John E. Odlin. The Court held that Davenport’s affidavits did not satisfy the good-faith requirement of Montana Code Annotated § 3-1-805(b) and characterized her arguments as unfounded and dilatory.

Holdings

1. Davenport's affidavits of disqualification did not comply with the statutory good-faith requirement because they relied on unfounded, outrageous, and conclusory accusations rather than a proper showing of personal bias or prejudice.

Questions Presented

1. Whether Davenport's affidavits of disqualification complied with Montana Code Annotated § 3-1-805, including its good-faith requirement.
2. Whether the District Court's orders denying the affidavits of disqualification should be affirmed.

Disposition

affirmed