A.C. v. Montana Tenth Judicial District Court

Summary

The Montana Supreme Court held that, in a child abuse and neglect proceeding, the parent’s “initial appearance” for purposes of the statutory period to move for substitution of a district judge occurs when the parent first appears in court to answer the allegations of the petition. The court granted A.C.’s petition for a writ of supervisory control and remanded the matter for further proceedings.

Holdings

1. In a child abuse and neglect proceeding, the parent's initial appearance for purposes of § 3-1-804(1)(b), MCA, occurs when the parent first appears in court to answer the allegations of the petition, including at the show cause hearing when the parent is given the opportunity to admit or deny those allegations; the appearance of counsel does not trigger the statutory deadline.
2. A.C.'s motion for substitution was not untimely merely because counsel had appeared earlier; the District Court erred by using the date of counsel's appearance as the triggering date.

Questions Presented

1. What event constitutes a parent's initial appearance under § 3-1-804(1)(b), MCA, for purposes of the ten-day deadline to move for substitution of a district judge in a child abuse and neglect proceeding?
2. Was A.C.'s motion to substitute the district judge timely?

Disposition

writ_granted