IN THE SUPREME COURT OF T]-lE STATE OF MONTANA

No.

STANLEY ISAAC LEBEAU~ JOSHUA MICHAEL CHILCOTE, EMILY ELLEN SKEELS~ TRAVIS STEVEN BRANCH, and DAVID RUSSELL THOMAN,

Petitioners,

VS.

MONTANA FOURTH JUDICIAL DISTRlCT COURT, MISSOULA COUNTY, THE l-IONORABLES ED MCLEAN, ROBERT L. DESCHAMPS III, JOHN W. LARSON and KAREN S. TOWNSEND, PRESIDING,

Respondents.

PETITION FOR WRlT OF SUPERVISORY CONTROL

APPEARANCES:

BRlAN C. SIVIITH KATIE GREEN JOAN H. BURBRIDGE Deputy Public Defenders 610 Woody St. Missoula, MT 59802

ATTORNEYS FOR PETITIONERS

I-ION. ED MCLEAN HON. ROBERT IJ. DESCI-IAMPS III I-ION. JOHN W. LARSON HON. I<AREN S. TOWNSEND District Court Judges 200 West Broadway Missoula, MT 59802

RESPONDENTS

RECEIVED OCT O~

Oo{JnfJ~

INTRODUCT]ON

Petitioners request this Court to issue a writ of supervisory control requiring

the Fourth Judicial District ,Court to return jurisdiction in these cases to a judge

from the Fourth Judicial District. Petitioners are indigent defendants represented by

the Officer of the State Public Defender who have filed timely motions to

substitute a district judge pursuant to Mont. Code Ann. § 3-1-804. The district

court is punishing Petitioners for exercising this statutory right by referring their

cases to judges from other judicial districts and requiring their personal presence in

those districts. The district court's intent is apparent in the following statement

from Honorable Kim Christopher, Twentieth Judicial District, at a hearing in State

v. Lebeau:

There apparently is a concern that there is judge shopping being engaged in in Missoula County by both the State and the defense. So it's my understanding in view of the fact, that when ,one of the judges in Missoula is substituted then all of the judges refuse to accept jurisdiction.

Transcript from State v. Lebeau, attached as I--F. Although Judge Christopher

stated that there was a concern of "judge shopping" by both the State and defense,

cases in which the State has filed motions to substitute have been assigned to other

judges in the Fourth Judicial District rather than being referred to other judicial

districts. This unconstitutional practice by the Fourth Judicial District is chilling

the rights of defendants to substitute the district court judge. Petitioners are being

unconstitutionally punished for exercising their statutory right to substitute the PETITION FOR WRIT OF SUPERVISORY CONTROl.

Page 2 of21

district court judge. "To punish a person because he has done what the law plainly

allows him to do is a due process violation of the most basic sort." Bordenkircher v.

Hayes, 434 U.S. 357,363 (1978).

FACTUAL AND PROCEDURAL BACKGROUND

State v. Lebeau, DC-13-338

On July 10,2013, the State fi~ed an infonnation charging Lebeau with

various offenses in the Fourth Judicial District Court. (Ex. I-A.) There are four

district court judges in the Fourth Judicial District and this case was assigned to

department three, the Honorable John W. Larson. On July 10, 2013, the district

court issued an order setting an arraignment hearing on August 1,2013. (Ex. I-B.)

Lebeau is indigent and was appointed counsel fron1 the Office of the State Public

Defender. (See 6-A (Affidavit of Brian Smith).)

On July 11, 2013, Lebeau filed a motion to substitute district judge pursuant

to Mont. Code Ann. § 3-1-804. (Ex I-C.) On July 17,2013, the district court filed

an invitation to assume jurisdiction. (Ex. I-D.) The invitation to· assume

jurisdiction states that jurisdiction was declined by departments one, two, and four

[the Honorable Ed McLean, the l-Ionorable Robert L. Deschamps III, and the

Honorable Karen S. Townsend] of the Fourth Judicial District. Jurisdiction was

then accepted by the Honorable Kim Christopher, Twentieth Judicial District, "on

the condition all hearings but tria] shall be conducted in Lake or Sanders County

PETJT10N FOR WRlT OF SUPERVISORY CONTROL Page 3 of21

on Law & Motion." ld. On July 17, 2013, Judge Christopher issued an order for

arraignment setting an arraignment on July 25, 2013 ~'in the Lake County

Courtroom with all parties personally present." (Ex. I-E.)

Lebeau did not appear at the hearing on July 25, 2013 and a warrant was

issued for his arrest. During that hearing, the State requested that it be allowed to

appear at future hearings via Vision Net. Judge Christopher denied the request,

stating that it would not allow Vision Net appearances because of the issue of

"judge shopping" and stated:

It has been my practice always when asked to assume a case to go to the jurisdiction for which I'm being requested to assume jurisdiction. However, because of the actions being engaged in, as I understand it by both parties, in an attempt to help the parties understand the difficulty they're putting the judicial officers in, it's my intention instead to require both parties to appear here.

Ex. 1-F. Judge Christopher stated that she had "asked the Missoula judges how

they wished me to handle this, and their preference was for me to require the

personal appearance of both the State and the defendant here in Lake County.'} Id.

On July 31, 2013, Lebeau filed a motion requesting that the district court set

a hearing and further requesting that the hearing take place in the Fourth Judicial

District Court. (Ex. I-G;.) On August 9, 2013, the State filed a motion requesting

that the district court set a hearing as Lebeau had been arrested on the warrant and

requesting an order to have Lebeau transported to the Lake County Courthouse

from the Missoula Detention Facility. (Ex. I-H.) PETITION FOR WRIT OF SUPERVISORY CONTROL

Page 4 of21

State v~ Chilcote, DC-13-435

Chilcote timely filed a motion to substitute the district court judge. (Ex. 2-

A.) On September 17 ~ 2013, the other three Fourth Judicial district judges declined

to accept jurisdiction. (Ex. 2-B.) Jurisdiction over the case was assumed by the

Honorable Loren Tucker, Montana Fifth Judicial District. ld. The order for

arraignment issued by Judge Tucker states that Judge Larson is authorized to

conduct matters that do not address the merits of the cases pursuant to Mont. Code

Ann. § 3-1-804(10). (Ex. 2-C.) Chilcote is indigent and was appointed counsel

from the Office of the State Public Defender. (See Ex. 6-A (Affidavit of Brian

Smith).)

State v. Skeels, DC-13-389

Skeels timely filed a motion to substitute the district court judge. (Ex. 3-A.)

OnAugust 21, 2013, the other three Fourth Judicial District judges declined to

accept jurisdiction. (Ex. 3-B.) On August 23, 2013, the Honorable Kurt Krueger,

Second Judicial District, accepted jurisdiction of the case. (Ex. 3-B.) An Order for

.Arraignment was issued on September 24,2013 requiring Skeels to appear in Butte

on October 17, 2013 for arraignment. (Ex.3-C.) Skeels is indigent and was

appointed counsel from the Office of the State Public Defender. (See Ex. 6-B

(Affidavit of Joan Burbridge).)

PETITION FOR WRIT OF SUI:lERVISORY CONTROL Page 5 of21

State v. Branch, DC-13-3S7

Branch timely filed a motion to substitute the district court judge. (Ex. 4-A.)

On August 14, 2013, the other three Fourth Judicial district judges declined to

accept jurisdiction. (Ex. 4~B.) Jurisdiction was assumed by the Honorable Bradley

G. Newman, Second Judicial District.Id. The matter was set for arraignment on

September 13, 2013. (Ex. 4-C.) Branch is indigent and was appointed counsel from

the Office of the State Public Defender. (See Ex. 6-A (Affidavit of Brian Smith).)

Defense counsel requested that he and his client be allowed by appear by telephone

for the hearing. Id. Judge Newman required Branch's personal appearance. Id.

Branch and defense counsel travelled to Butte for the arraignment at which the

defendant pled guilty. I d. The Missoula County Attorney did not travel to Butte for

the hearing and a representative from the Silver Bow County Attorney's office

stood in for the State at the hearing. Id.

State v. Thomll:n, DC-13-417

Thoman was initially charged in the Third Judicial District, Powell County.

(Ex. 5-A.) Thoman requested a change of venue and the case was dismissed and

then filed in the Fourth Judicial District, Missoula County.Id. Thoman timely filed

a motion to substitute the district court judge. (Ex. 5-B.) On September 27, 2013,

the other three Fourth Judicia.l district judges declined to accept jurisdiction. (Ex.

5-C.) Jurisdiction was assumed by the l-Ionorable Ray Dayton, Third Judicial

PETITION FOR WRIT OF SUPERVISORY CONTROL Page 6 of21

District. Jd. Judge Dayton issued an order stating that Judge Larson is authorized to

conduct all routine matters that do not address the merits of the case (Ex. 5-D)

Thoman is indigent and was appointed counsel from the Office of the State Public

Defender. (See Ex. 6-B (Affidavit of Joan Burbridge).)

SUMMARY OF ARGlTMENT

In each of these cases the district court has violated the Petitioners' right to

due process by punishing them for exercising t:peir right to substitute the district

court judge. The district court's actions are vindictive, especially in light of the fact

that the State is not being similarly punished for substituting the district court

judge. Punishing the Petitioners for exercising their statutory right is

unconstitutional. Referring Petitioners' cases to out of district judges and then

requiring Petitioners to make personal appearances in those other judicial districts

creates a burden for the Petitioners and is intended to chill their statutory rights.

ARGUMENT AND AUTHORITIES

1. SUPERVISORY CONl'ROL IS THE APPROPRIATE MECHANISM rro REMEDY THE VIOLATION OF PETITIONERS'D'UE PROCESS RIGHTSo

This Court has supervisory control over all other Montana Courts. Mont

Const. art. VII, § 2(2). rrhe Court exercises that authority in part through writs of

supervisory control. With respect to writs of supervisory control, Rule 14(3) of the

Rules of Appellate Procedures provides that:

PETITION FOR WRIT OF SUPERVISORY CONTROL Page 7 of21

Supervisory control is an extraordinary remedy and is sometimes justified when urgency or emergency factors exist making the normal appeal process jnadequate, when the case involves purely legal questions, and when one or more of the following circumstances exists:

(a) The other court is proceeding under a mistake of law and is causing a gross injustice;

(b) Constitutional issues of state-wide importance are involved; (c) The other court has granted a denied a motion for substitution of a

judge in a criminal case.

This Court has consistently recognized that denials of the statutory right to

substitution are appropriate for supe:rvisory control. E.g" Torgerson v. Ninth

Judicial District Court, OP 10-0143, ~ 5, 2010 Mont. LEXIS 265 ("Inasmuch as

the District Court has here denied a motion for substitution of judge, Torgerson has

raised an appropriate matter by petition for supervisory control under Rule

14(3)( c)."); J.B. v. Tenth Judicial District Court, OP -08-0351, ~ 5, 2008 Mont.

LEXIS 490 ("In Dusek v. Eight Jud. Dist. Ct., 2008 MT 303, '17, 318 Mont. 166,

79 P.3d 292, we recognized that an appeal is an inadequate remedy for denial of the

statutory right of substitution and thus supervisory control is appropriate when § 3-

1-804 is not being properly applied.") This understanding is consistent with Rule

14(3)( c )'s affinnative listing of such motions.

The Court granted a petition for writ of supervisory control in In Re D.H.

and l.R, 2012 MT 106, ~ 24,365 Mont. 82,278 P.3d 1010. The Court held that the

district court had improperly determined that D.H. and J .H. '8 motion to substitute

district court judge were untimely and reversed the district court~s denial of the

PETITION FOR WRIT OF SUPERVISORY CONTROL Page 8 of21

motions to substitute. ~ 19 .In Re D.H. and J.H. involved denials of substitution

made by Judge Larson.

Supervisory control is also appropriate in the instant cases because there are

no issues at fact in dispute here. The only matetjal facts here are matters of

indisputable j~dicial record.

Rule 14( 5)(b )(iii) requires petitioners to make their arguments for

supervisory control "in summary fashion.~' Upon filing of a petition, the Court

"may order more extensive briefing." Mont. R. App. P. 14(7)(b). Pursuant to Mont.

R. App. P. 14(7)( c), the Court "may order a stay of further proceedings in the other

court, pending the supreme court's disposition of the petition."

II. THE DISTRICT COURT IS VIOLATING PETITIONERS' RIGHT TO DUE PROCESS BY PUNISHING TIIEM FOR EXERCISING STATUTORY RIGHT TO SUBSTITlTTE

1Vlont. Code Ann. § 3-1-804( 1) gives each adverse party the right to one

substitution of a district court judge. The petitioners have exercised this right by

filing a timely motion for substitution of district court judge. In response,- the

district court has engaged in a concerted effort to punish petitioners for exercising

this statutory right as demonstrated by the July 25, 2013 transcript in the Lebeau

case. Ex. I-F.

PETITION FOR WRIT OF SUPERVISORY CONTROL Page 9 of21

To punish a person because he has done what the law plainly allows him to do is a due process violation of the most basic sort [citation omitted] and for an agent of the State to pursue a course of action whose objective is to penalize a person's reliance on his legal rights is patently unconstitutional.

Bordenkircher v. Hayes, 434 U.S. 357, 363 (1978).

A series of United States Supreme Court cases beginning with North

Carolina v. Pearce, 395 U.S. 711 (1969) and culminating in Bordenkircher v.

Hayes recognize this basic principle that a person may not be penalized for

exercising a statutory or constitutional right. United States v. Goodwin, 457 U.S.

368, 372 (1982). "For while an individual may be penalized for violating the law,

. he just as certainly may not be punished for exercising a protected statutory or

constitutional right." ld.

The BordenkircherlGoodwin line of cases deal with the issue of vindictive

prosecution. "The principle of prosecutorial vindictiveness originates from the idea

that it is unconstitutional for the State or its agent to penalize a person for

exercising his or her legal rights." State v. Roundstone, 2011 MT 227, ~37, 362

Mont. 74, 261 P.3d 1009. To establish that a prosecution was vindictive, a

defendant must show either (1) actual vindictiveness or (2) a rebuttable

presumption of vindictiveness where there is a reasonable likelihood of

vindictiveness. ld. at '138. The evidence required to prove actual vindictiveness has

been described as objective proof that the prosecutor's charging decision was

lTIotivated by a desire to punish a defendant for doing something that the law PETITION FOR WR1T OF SUPERVISORY CONTROL

Page 10 of21

plainly allowed him to do.Id. at ~39. In State v. Knowles, the Court reversed after

finding a reasonable likelihood of vindictiveness when a prosecutor sought

increased charges after a defendant exercised his right to a jury trial. 2010 MT 186,

~35, 357 Mont. 272, 239 P.3d 129.

A judge punishing a defendant for exercising his statutory right to substitute

a judge is analogous to a prosecutor punishing a defendant for exercising his

constitutional right to a jury trial. The transcript from the July 25, 2013 hearing in

Lebeau establishes actual vindictiveness. The district court's decision to assign

Petitioners) cases to out of district judges and then request that those out of district

judges make defendants personally appear is motivated by a desire to punish the

Petitioners for doing something that the law plainly al1o\vs them to do.

The vindictive nature of this action is further supported by the fact that all of

the known cases that have been assigned out of district have been cases where a

defendant has substituted a judge. (See 6-A, 6-B and 6-C (Affidavits of Brian

Smith, Joan Burbridge and Katie Green).) Although the State has also filed motions

to substitute, as far as Petitioners are aware, none of those cases have been referred

to an out of district judge.ld. In Chilcote, the three non-substituted Fourth Judicial

district judges all declined jurisdiction on September 17. (Ex. 2-B.) However, on

the same date, the Honorable Karen S. Townsend assumed jurisdiction in State v.

Graham, DC-13-424, after the State had filed a motion to substitute. (See 6-A

PETITION FOR WlUT OF SUPERVISORY CONTROl) 11 of21

(Affidavit of Brian Smith, Ex. 1 ).) The district court is singling out indigent

defendants represented by the Office of the State Pub~ic Defender to punish for

exercising their right to substitute.

This practice violates Petitioners' due process rights. As stated in the

attached Affidavits by Petitioners' counsel, the district court's actions are chilling

individual defendant's rights. When discussing their right to substitute a district

court judge, attorneys must now warn defendants that if they choose to exercise

that right, they and their witnesses may need to travel to another jurisdiction

multiple times for hearings. These defendants are represented by the Office of the

State Public Defender and are indigent. Requiring them to travel is a financial

hardship on them and chills their statutory rights.

In Chilcote, Judge Tucker stated that Judge Larson was authorized to

conduct all matters not addressing the merits of the case in Missoula. While this

might limit travel some, it does not eliminate the need to travel for motion hearings

and other substantive matters. Setting substantive hearings outside of Missoula

creates other problems. Defendant may wish to call witnesses at hearings and be

unable to do so when the hearing is in Polson or Butte or Dillon.

It is patently unconstihltional for the district court to pursue a course of

action whose objective is to penalize a defendant's reliance on his legal rights.

PETITION FOR WRlT OF SUPERV1S0RY CONTROL Page 12 of21

Petitioners have done nothing more than what the law clearly allows them to do

and cannot constitutionally be penalized for substituting the district court judge.

CONCLUSION

Pursuant to Rule] 4(7)( c), Petitioners request this Court to immediately

order a stay of further proceedings in the district court pending the Court's

disposition of this petition for supervisory control. With respect to the merits,

Petitioners request this Court to grant a writ of supervisory control directing the

district court to vacate the Invitation to Assume Jurisdiction in each of these cases

and to return the case to the Fourth Judicial District.

1,..",-

DATED this LJ -day of October, 2013.

OFFICE OF THE STATE PUBLIC DEFENDER Region 2, Missoula Office

" r" \ 'J \ , i I ----

B . \ M '1'1--- >:.-, .~ y. \,~ , ) \ / I

.' V ~ -."~ ./ ,1 ".~ __ •

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PETIT]ON FOR WRIT OF SUPERVISORY CONTROL Page 13 0[2)

CERTIFICATE OF SERVICE

I hereby certify that I caused a true and accurate copy of the foregoing Petition for Writ of Supervisory Control to be mailed to:

DATED:

HONORABLE ED MCLEAN HONORABLE ROBERT DESCHAMPS, III HONORABLE JOHN W. LARSON HONORABLE KAREN S. TOWNSEND District Court Judges 200 West Broadway Missoula, MT 59802

FRED R. VANVALKENBURG Missoula County Attorney 200 West Broadway Missoula, MT 59802

TIM FOX Montana Attorney General MARK MATTIOLI Assistant Attorney General P.O. Box 201401 Helena, Montana 59620~1401

-----''-----'-------''------------

PET1TION FOR WRIT OF SUPERVISORY CONTROI~ Page 14 of21

CERTIFICATE OF COMPLIANCE

Pursuant to Rule 11 and Rule 14 of the Montana Rules of Appellate

Procedure, I certify that this Petition for Writ of Supervisory Control is printed

with a proportionately spaced Times New Roman text typeface of 14 points; is

double spaced except for footnotes and for quoted and indented material; and the

word count calculated by Microsoft Word for Windows is not more than 4,000, not

averaging more than 280 words per page, excluding certificate of service and

certificate of compliance.

J0~k BURBIffDGE) "'~'_/" //

PETITION FOR WRIT OF SUPERV:ISORY CONTROL Page 15 of2]

APPEND]X FOR PETITIONER LEBEAU

Infonnation ............................................................................ Ex. J-A

Order .................................................................................... Ex. I-B

Motion to Substitute Judge .......................................................... Ex. 1-C

Invitation to Assume Jurisdiction ................................................... Ex. 1-D

Order Setting Arraignment. .......................................................... Ex. 1-E

Transcript from hearing on July 25, 2013 .......................................... Ex. 1-F

Motion to Set Hearing ................... _ ............................................ Ex. I-G

Motion to Set Appearance and for Transport ...................................... Ex. I-H

PETITION FOR WRIT OF SUPERVISORY CONTROL Page 16 of21

APPENDIX FOR PETITIONER CHILCOTE

Motion to Substitute Judge ........................................................... Ex. 2-A

Invitation to Assume Jurisdiction ................................................... Ex. 2-B

Order Re: Arraignment. ......... " ................................................... Ex. 2-C

PETITION FOR WRJT OF SUPERVISORY CONTROL Page] 7 of2]

APPENDIX FOR PETITIONER SKEELS

Motion to Substitute Judge .......................................................... Ex. 3-A

Invitation to Assume Jurisdiction ................................................... Ex. 3-B

Order for Arraignment. ............................................................... Ex. 3-C

PETITION FOR WRIT OF SUPERVISORY CONTROL Page 18 of21

APPENDIX FOR PETITIONER BRANCII

Motion to Substitute Judge .. ~"""""""""""""""""""""""""'" .Ex. 4-A

Invitation to Assume Jurisdiction .................................................. Ex. 4-B

Order Setting Arraignment. ................................. ~ .............. '" ..... Ex. 4-C

PETITION FOR WRlT OF SUPERVISORY CONTROL Page 19 of21

APPENDIX FOR PETITIONER THOMAN

Comp1aint and Affidavit of Probable Cause ...................................... Ex. 5-A

Motion to Substitute Judge ......................................................... Ex. 5-B

lnvitation to Assume Jurisdiction .................................................. Ex. 5-C

Order Setting Arraignment. ...................... , ................................. Ex. 5-D

PET1TJON FOR WRlT OF SUPERVISORY CONTROL Page 20 of21

APPENDIX - AFFIDAVITS

Affidavit of Brian Smith ............................................................ Ex. 6-A

Affidavit of Joan Burbridge .......................................................... Ex. 6-B

Affidavit of Katie Green ................................... " .................... , ... Ex. 6-C

PETITION }'OR WR1T OF SUPERV1SORY CONTROL Page 21 of21

Exhibit I-A

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JENNIFER CLARK Deputy County Attorney FRED VAN VALKENBURG M.issoula County Attorney MIssoula County Courthouse Missoula, Montana 59802 (406) 258-4737 Attorneys for Plaintiff

MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY

STATE OF MONTANA~ Plaintiff,

$TAN,LEY I. LEBEAU Defendant,

Dept No.3 \

Cause No. DC-13~35i

INFORMATION

Total Possible MSP: 5 Years 13 Mo Total Possible M'CJ: 6 rno 1~O days Total Possible Fine: $'11,000

JENN IFER CLARK, Deputy Missoula County Attorney, deposes and says that on or

about the 23rd day of June, 2013, in Missoula County, the Defendant committed the

offenses of COUNT,I: DRIVING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE

OF ALCOHOL OR DRUGS - 4TH OFFENSE, a Felony~ In violation of Montana law,

nalnely: Mont. Code Ann. 61-B-401.(1)(a)[4th+], punishable by 13 months Department of

Cor~ectic:ns & not mo're than 5 years Department of Corrections Dr MDntana State Prison

suspended and $1,000-$10,000 fine. If prior placement at residential treatment facility, 'the

sentence shall be not less than 13 months .or more than 5 years Department of Corrections

and a fine between $1 JOOO and $10,000; COUNT II: FAILURE TO CARRY PROOF OF

LIABILITY INSURANCE - 1 ST OFFENSE, a Misdemeanor, in violation of Montana law,

namely: Mont. Code Ann. 61-6-302(2)[1 st], punishable by 10 days Missoula County Jail

INFORMATION 1

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and/or $250-$500 fine; COUNT III: DRIVING WHILE LICENSE SUSPENDED OR

REVOKED! a Misdemeanor. in violation of Montana law, namely: Mont. Code Ann,. 61-5-

212'(1 )(i), punishable by not less than 2 days or more than 6 months M'issoula County Jail

and a $500 fine.

The facts constituting the offense are:

COUNT I: On or about the 23rd day of June, 2013, the above~named ,Defendant

committed the offense of driving or being In actual physical contl·ol of a motor vehicle

upon a way of this state open to the public, Palmer Street, while under the influence of

alcohol and/or drugs) a fourth or subs-equent offense.

COUNT II: On or about the 23rd day of June, 2013, the above-named Defendant

failed to Garry proof of llabllityinsurance while operating a motor veh!cle on a way of the

state open to the pUblic, Palmer Street.

COUNT HI: On or about the 23rd day of June, 2013, the abnv8 p named Defendant

drove a motor vehicle on Pal,mer Street at a time when his privilege to do so was

'Suspended or revoked.

A list of possible witnesses for the state now known to' the prosecution is as follows:

ALEX RAMSEY, 8t Patrick Hospital ER MARK MONACO, Missoula City Police Dept CHRISTIAN CAMERON, Missoula City Police Dept REPRES ENTA TIVE, Montana State Crime Lab Any witness listed by Defendant ,Any witness necessary for foundation, rebuttal, impeachment and/or chain of Gustody.

Dated this 10th day of July, 2013.

INFORMATION 2

Exhibit I-B

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DISTRiCT COURT JUDGE MissouJaCounty Courthouse Missoula, Montana 59802

FILED JUL 1. 1 2013 SH

By--,"...L.L.I.4l~~I...L..I..&VL-_

6 MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY

7 8T ATE OF MONTANA,

.g I Plaintiff. 9 ~vs-

Dept No. S J,~·~.ii V1. t~,.rJiOr.1

Cause No. DC .. 13-!>~2 ORDER FOR ARRAIGNMENT

10 STANLEY I. LEBEAU

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Defendant,

TO: STANLEY I. LEBEAU, and counsel for defendantl CHRISTOPHER DALY

An Information having been fHed on the l.iJh day of July. 2013,

NOTICE IS HEREBY GIVEN that the Defendant above~named appear on the

~ c..,\ day of ~~~ , 2013, at the hour of ~·."::D@.Ip.m., for

arraignment. \~

DATED this 1L-day of July, 2013. 1': 1« ){1M~ District Judge

ORDER FOR ARRAIGNMENT

Exhibit l-C

Brian C. Smith OFFICE OF THE 8T ATE PUBLIC DEFENDER

2 610 Woody Street Missoula, MT 59802

3 Phone: (406) 523-5140 Fax: (406) 523 .. 5141

4 bsmith@mt.gov A ttomey for 'Defendant

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ALSO JUL 1 1 2013

8y. $HNtJUe;3~b~1~r _ eDlJ!y

8 MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY

9 STATE OF MONTANA, '

10 Plaintiff.

11 -vs-

12 STANLEY ISAAC LEBEAU,

13 Defendant.

Dept. No.3 Cause No. DC~ 13-338

MOTION TO SUBSTITUTE JUDGE

J 4 The undersigned, as attorney for above nanled Defendant, pursuant to

15 Section 3-1-804~ MeA, hereby moves for substitution of District Court Judge John"

16 Larson in this case.

] 7 Dated this the 11 th day of July, 2011.

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MOTION TO SU13STlTUTE JUDGE Suuev. Lebeau DC~13-338

Page 1

CERTIFJCATEOF SERVICE

2 I, the undersigned hereby certify that on the 11th day of July, 2011 I

3 personally delivered a copy of the foregoing Motion To" Substitute Judge

4 to:

5 Missoula County Attorney's Office

6 Missoula COl.U1ty Courthouse Missoula, MT 59802

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MOT10N TO SUBSTITUTE JUDGE Slate v. lebeau DC·)3·338

Page 2

Exhibit l-D

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John W, Larson District Judge Fourth Judicial District Dept. -:3 .Missoula County Courthouse MissoulaA MT 59802 (406) 250 .. 4773

4 I MONTANA FOURTH JUDICIAL DISTRICT COURT, MI SOULA COUNTY

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Cause No.

I

I NVITATr N TO ASSUME JU ISDICTION

The undersigned hereby withdraws from jurisdic ion and invites the

HONORABLE ED McLEAN to assume jurisdiction over he above-captioned

cause.

DATED this 15th day of July t 2013.

SON, District Judge

ACTION TAKEN ON VITATION TO ASSUME J RISDICTION

The undersigned hereby __ accepts _-"---_ declines jurisdiction

over the above-captioned ca use,

DATED this 15th day of July, 2013.

Invilal..H11\ 1:;0 Assume J\.l~lstiicc.i6n & r<;espOflSCl>

JQ

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The undersigned hereby withdraws from jurisdic ion and Invites the

HONORABLE ROBERT L DESCHAMPS, Ill, to assume jurisdiction, over the

above-captioned cause,

DATED this '15th day of July, 2013

JOHN W. LARSON, Distriot Judge

10 ACTION TAKEN ON INVITATION TO ASSUME

11 The undersigned hereby accepts 'I- selines jurisdiction 12

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over the above-captioned cause,

The undersigned hereby withdraws from jurisdict on and invites the

HONORABLE KAREN S. TOWNSEND to assume j risdiclion over the

above-captioned cause.

DATED this 15th day of July, 2013.

udge

Invitation to ~ssum~ Jurisdiction & Responses

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ACTION TAKEN ON INVITATION TO ASSUM J RISDICrlON

The undersigned hereby accepts j( _ ecfines jurisdiction -- , over the above-captioned cause.

DATED this 15th day of July, 20 3.

The undersigned hereby withdraws from 'jurisdic on and invites the

HONORABLE DEBORAH KIM CHRISTOPHER to ass me jurisdiction over

the above-captioned ca~s!!::

DATED this !) -day of Jul~

I Invltotion to Assum. Juxi.dictio, , ••• pons ••

Exhibit 1-E

HON. DEBORAH KIM CHRlSTOPHER 20th Judicial District Court

2 Lake County Courthouse 106 Fourth A venue E

3 POISOIl t MT 59860 (406) 883~ 7360

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7 MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY

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STATE OF MONTANA~

VS.

STANLEY I. LEBEAU,

Defendant.

Cause No. DC 13 .. 338

ORDER SETTING ARRAlGN1\1ENT

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The ~aignment in the above matter is hereby set to commence Thursday, July 25, 2013

at 9:00 a.m .. in the Lake County COUltroom with an parties personally present.

DATED this \J fb day of July~ 2013.

20 7/1712013 Via US Mail C:MCAO

21 Missoula OPD

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Ie

ORDER SETIING ARRAIGNMENT

Deborah Kim Christophl-:i

Deborah Kim Christopher District Judge

Page 1

Exhibit I-F

1 MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY

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3 STATE OF MONTANA I CAUSE NO. DC-13-338

4 Plaintiff,

5 VS.

6 STANLEY I. LEABEAU,

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Defendant. ------,~--,-.-.. --.~----.-~--

Taken at the Lake County Courthouse Polson, Montana

Thursday, July 25, 2013

Honorable Deborah [<im Ch,rist.opher I presiding

N C E S

SUSAN E. BOYLAN, ESQ., with the Missoula County Attorney 19 Of f ice, 200 Wes t Broadway I Mi ssoul a, tvJonta na 598 02 ~

appearing on behalf of the Plaintiff. 20

21 BRIAN C. SMITH, ESQ., with the Missoula Office of the State Public Defender, 610 Woody street, Missoula, Montana 59802

22 appearing on behalf of the Defendant.

23

24 Reported by Connie S. Costanza, RPR and Notary

25 Public for the State of Montana, residing in Lake County.

CONNIE S. COSTANZA I RPR 1 OFFICIAL COURT REPORTER POLSON, 'MONTANA (406) 883-5241

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r 1 THE COURT: Next matter on the calendar is DC

2 2013-338, and that's State of Montana versus Stanley Leabeau.

3 Is Mr. Leabeau present?

4 MR. SMITH: Morning, Your Honor. Brian Smith

5 appearing for Mr. Leabeau.

6 THE COURT: Okay.

7 MS. BOYLAN: Good morning, Your Honor. Susie Boylan

8 from the Missoula County Attorney's Office. I have a report

9 from the sobriety and accountability program that's our

10 version of the 24/7 program. Mr. Leabeau has been absconded

11 from that program since the 20th when he appeared late for a

12 breath test and then ran. I did double check yesterday with

~ 13 the director of the SAP program who told me that he had still

14 not shown up, so I would ask for a bench warrant in the

15 amount of $50,000.

16 THE COURT: Very well. If you~ll prepare it, 1111

17 sign it.

18 MS. BOYLAN: We will. Thank you.

19 MR. SMITH: Thank you.

20 MS. BOYLAN: And additionally, Judge, there are two

21 of us here from Missoula. One is -- our other attorney here

22 is on a juvenile case that Mr. Smith is also on. Would there

23 be any chance that we could hear it on this calendar instead

24 of waiting until 1:30?

25 THE COURT: You might have to wait a few minutes

CONNIE S. COSTANZA, RPR, OFFICIAL COURT REPORTER POLSON, MONTANA (406) 883-5241

3

1 because we will have to get the file wherever it is. Why

2 don't we do it at the end of my criminal calendar.

3 MS. BOYLAN: That would be great, Judge. Thank you.

4 And could I ask one more issue? Would it be possible for us

5 to appear by Vision Net for future hearings?

6 THE COURT: There apparently is a concern that there

7 is judge shopping being engaged in in Missoula County by both

8 the State and the defense. So it's my understanding in view

9 of the fact, that when one of the judges in Missoula is

10 substituted then all of the judges refuse to accept

11 jurisdiction. It has been my practice always when asked to

12 assume a case to go to the jurisdiction for which I'm being

13 requested to assume jurisdiction. However, because of the

14 actions being engaged in, as I understand it by both parties,

15 in an attempt to help the parties understand the difficulty

16 theylre putting the judicial officers in, it's my intention

17 instead to require both parties to appear here.

18 I will conduct the trial in Missoula should we get

19 that far. But I think that it makes it incredibly difficult

20 when judges have to assume from other judges and especially

21 take over cases from other jurisdictions. And quite frankly,

22 given the fact that I am now going to be the only judge in

23 this jurisdiction for a long time, that additionally is part

24 of where I have to be because I have to be the judge for both

25 here and Sanders County on top of handling everything that

CONNIE S. COSTANZA, RPR, OFFICIAL COURT REPORTER POLSON~ MONTANA (406) 883-5241

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Judge McNeil had previously had.

So unless the parties can figure out a way to

represent that they have a specific set of circumstances, and

this was my agreement with some of this happening in this

jurisdiction, I've asked that if the State knows that there's

a legitimate reason for substitution, that they not

substitute the other judge in this jurisdiction. I want to

preserve that right to the defendants. But to over burden

the judicial system with sending cases allover the area

because the parties aren't crazy about the judge that they

selected, means that you folks are going to have to bear the

burden in the same way the judge is.

So in other circumstances I would absolutely invite

you to appear by Vision Net and be happy to do it that way or

come to you. And I asked yesterday after I had received the

request I asked the Missoula judges how they wished me to

handle this, and their preference was for me to require the

personal appearance of both the State and the defendant here

in Lake County_ And so in honoring that request in

attempting to reduce the burden on the judiciary, I'm unable

to grant the request that anybody can appear by Vision Net.

MS. BOYLAN: Okay. Thank you, Judge.

MR. SMITH: Your Honor, a couple things specific to

this case, there are conditions of release that require

Mr. Leabeau to remain in Missoula County.

CONNIE S. COSTANZA, RPR, OFFICIAL COURT REPORTER POLSON, MONTANA (406) 883-5241

1 THE COURT: Now that I'm essentially the judge in

2 jurisdiction on this case then I would extend his ability to

3 travel to Lake County unless the State has an objection with

4 regard to that. Right now there's a warrant issued for his

5

5 arrest. So 1" m going to get him up here. Once we get him up

6 here maybe that's the time to discuss his conditions of bond

7 or release.

8 MR. SMITH: And I think that would be appropriate,

9 Your Honor. The other thing is, Missoula County I assume

10 will have custody of him. Will the Court be issuing an order

11 transporting him and directing the sheriff to transport him?

12 THE COURT: You supply me with said order, I would

13 certainly be happy to sign that for you. Therels not enough

14 of us. So if it's going to be painful for the Court it's

15 going to be painful for the parties. And unfortunately that

16 rolls down to the sheriff's office.

17 In the event that there's some ability to handle

18 this in a manner where the jurisdiction in which the crime

19 occurred remains the judge's on the case, I would certainly

20 support it because it's not particularly fun. live received

21 a number of thoseq And in addition to having to cover Judge

22 McNeil I'm now having to cover cases out of Missoula, which

23 quite frankly is way too much to ask for a judge. But I will

24 come to you for purposes of a trial, but you will come to me

25 until such time as that trial occurs.

CONNIE S. COSTANZA, RPR, OFFICIAL COURT REPORTER POLSON, MONTANA (406) 883-5241

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r· 1 MS. BOYLAN·: Okay. Thank you, Judge.

2 MR .. SMITH: Thanks, Judge.

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25 r CONNIE s. COSTANZA! RPR, OFFICIAL COURT REPORTER

POLSON, MONTANA ( 406) 883-5241

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1 STATE OF MONTANA ss.

2 COUNTY OF LAKE

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5 If CONNIE S. COSTANZA, do hereby certify that

6 at the time and place heretofore mentioned in the caption of

7 the foregoing matter, I was a Registered Professional

8 Reporter and Notary Public for Montana; that at said time and

9 place I reported in stenotype all testimony adduced and

10 proceedings had in the foregoing matter; that thereafter my

11 notes were reduced to typewriting and that the foregoing

12 transcript consisting of 6 pages is a true and correct

13 transcript of all such testimony adduced and proceedings had

14 and of the whole thereof.

15 WITNESS my hand at Polson, Montana, on this

16 22nd day August, 2013.

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COIlNII!: S. GOST~ZA NOTARY PUBLIC for Iho

Stalo or Montana Rogld!ng at Pol~(H), Mootolll1

My Comml~slon EXplrtlll Jul'l!l,201~

~-----.~----

a~.~ CO~N~AN~~& Notary Public for Montana My Conunission Expires: 07/08/2014

CONNIE S. COSTANZA, RPR r OFFICIAL COURT REPORTER Po.LSON, MONTANr1 (406) 883-5241

Exhibit 1-0

Brian C. Slnith OFFICE OF THE STATE PUBLIC DEFENDER 610 Woody St. Missoula, Montana 59802 Phone: (406) 523-5140 Fax: (406) 523-5141 bSlnith@mt.gov

,Attorney for Defendant

MONTANA FOURTI-I JUDICIAL DISTRICT COURT, MISSOULA COUNTY

STATE OF MONTANA, Dept.

Plaintiff, Cause No. DC-13-338

v. MOTION TO SET HEARING

STANLEY 1. LEBEAU,

Defendant The Defendant, Stanley I. Lebeau, by and through appointed counsel Brian

C. Slnjth, IDoves to set a hearing for 1\.1r. Lebeau to appear on his bench wan"ant

and be arraigned. Mr. Lebeau did not receive notice of the Court)s July 17, 2013,

Order until after the appearance. Mr. Lebeau contacted counsel on Monday, July

29, 2013, and asked that his appearance be rescheduled.

FUlthec, the Defendant, Stanley 1. Lebeau, requests that the matter be heard

,in the Fourth Judicial Distict as it is the proper venue for the lnatter. The State

"made a silnilar request on July 25, 2013, which was denied by the Court. Mr.

Lebeau has a statutory right to substitute pursuant to !V1.C.A, § 3-J -804 and the

Court's orders requiring the parties to travel outside the assigned Judicial Distlict

only seeks to chill this .lawful right. The Defendant is indigent and without the

financial Ineans to cOlnply with the Court's increase burden of traveling outside the

Fourth Judicial District.

DATED thjs . Z lS.(- day of July, 2013l:,;2

~ Brian C. luith Assistant Public Defender

CERTIFICATE OF SERVICE

I hereby certify that on this the ,3 (~f day of July, 2013) atrue and C01Tect copy of the foregoing document was provided to the following:

Jennifer Clark j sclark@co.lnissouja.1nt.us

Missoula County Attorney's Office 1 ~

.~

Exhibit I-H

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JENNIFER CLARK De~uty County ,Attorney FRED VAN VALKENBURG Missoula County Attorney 200 West Broadway Missoula, Montana 59802 Attorneys for Plaintiff

.-'- ... , ,. ....,', ,'. ~

MONTANA FOURTH JUDICIAL DISTRiCT COURT, ~IISSOULA COUNTY

STATE OF MONTANA,

Plaintiff,

-vs ....

STANLEY iSAAC LEBEAU,

Defendant,

District Court - Dept 3

Cause No' DC-13-338

MOTION TO SET APPEARANCE And FOR TRANSPORT

COMES NOW JENNIFER CLARK, Deputy Missoula County Attorney,

and respectfully moves the Court to set an appearance for the next available

court date in the above-entitled case for the reason that defendant has been

arrested on the bench warrant issued July 25 J 2013. Further, the stat~

requests an order to have the defendant transported from the Missoula

County Detention Facility to Lake County Courthouse for the appearance and

then to promptly return to Missoula County Detention Facility,

',"" -/._t-,

, I, -,. f, ~ I,,,

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DATED this 9th day of August t 2013

JENNIFER CLARK Deputy County Attorney

CERTIFICATE OF SERVICE

I certify that on the day of August 2013' e-mailed/sent via courthouse mail a true ana accurate copy of the foregoing Motion to Brian Smith. ,

Exhibit 2-A

Brian C. Smith OFFICE OF THE STATE PUBLIC DEFENDER 610 Woody Street Missoula, MT 59802 Phone: (406) 523-5140 Fax: (406) 523-5141 bsmith@mt.gov Attorney for Defendant

MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY

STATE OF MONTANA,

Plaintiff~

-vs-

JOSHUA CHILCOTE,

Defendant

Dept. No.3 Cause No. DC-13-435

MOTION TO JUDGE

The" undersigned, as attorney for above named Defendant, pursuant to

Section 3 D] -804, MeA, hereby moves for substitution of District Court Judge John

Larson in this case.

Dated this the 13th day of September, 20U.

MonON TO SUBSTITUTE JUDGE State v. Chilcote lJC-13-435

Page I

CERTIFICATE OF SERVICE

J, the undersigned hereby certify that on the 13[h day of September, 2013, I

personally de1ivered a copy of the foregoing Motion To Substitute

to:

Jason Marks Missoula County Attorney's Office Missoula County Courthouse Missoula, MT 59802

MOTION TO SUBSTITUTE JUDGE Stalc-v. Chi1co!1: OC-13435

P!lg~ 2

Exhibit 2-B

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John W. Larson District Judge Fourth Judicial District Dept. -:3 Missoula County Courthouse MissoulEk MT 59802 (406) 250.:.4773

MONTANA FOURTH JUDICIAL DiSTRICT COURT. MISSOULA COUNTY

STATE OF MONTANA, Plaintiffs,

JOSHUA CHILCOTE,

Defendant

Cause No. DC-13-435

INVITATION TO ASSUME JURISDICTION

The- undersigned hereby withdraws from jurisdiction and invites one of

the Fourth Judicial District Judges to- assume jurisdiction over the above-

captioned caus~. ~

DATED this r7 day of September, 2013.

HN W. LARSON. District Judge

Invitation to hssume Ju~isdictidn & Responses

ACTION TAKEN ON INVITATION TO ASSUME J RISDICTION 1

2 The undersigned hereby ~_ accepts ---11"---- declines jurisdiction

3 over the above-captioned cause.

4 DATED this L.Z;;;/;of September, 2013, 5

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EDMC~ The undersigned hereby ~_ accepts

over the above-captioned cause,

DATED thiimd

The undersigned hereby __ accepts

over the above-captioned cause.

DATED this I~day of S

Invitation to ~5sume Jurisdic!io~ & Respo~ses

~ declines jurisdiction

, I udge

~Clines jurisdiction

Sep ~. 2.013 1:21PM Hon, John Larson 406.258~4739 9'.r .. ~

page 3

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The undersigned invites the HONORABLE LOREN TUCKER to

assume jurisdiction over the above-captioned cause.

DATED this t7 *ctay of September, 2013.

SON, District Judge

ASSUME JU tSDICT10N

The undersigned hereby accepts declines jurisdiction

over the above ... captioned cause.

DATEDthis 11(JdSY of epttiffiber, 29~ ...--

Co hous 2 South Pacifi 6 Dillon, MT 59724 (406) 683-3745 (406) 683-3728 Fax Judicial Assistant Diane Kaatz (dkaatz@mt.gov)

Invitation to Aasum€ Ju=j5~ction , Responsen

Exhibit 2-C

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BON. LOREN TUCKER District Judge Fifth Judicial District Beaverhead~ Jefferson and Madison Counties 2 South Pacific #6 Dillon, MT 59725 Phone (406) 683-3745 Fax (406) 683-3728

MONTAl'JA FOURTH nmrCIAL DISTRlCT COURT, MISSOULA COUNTY

STATE OF MONTANA, Plaintiff,

) ) ) ) ) ) )

Dept. No. __ -"-__ Cause No. ----""-'=--=-=---'-=-=--_

VS.

ORDER RE: ARRAIGNMENT JOSHUA CHILCOTE~

Defendant.

Section 3-1 -804(10), MeA, states:

A district judge who has previously been substituted fro.m the case may agree 10

set the calendar) draw a jmy) and conduct all routine matters including arraignments) preliminary pretrial conferences in civil cases) and other matters that do not address the merits of the case, if authorized by the presiding district judge.

Arr.aignment having been scheduled in this matter for Wednesday_ September 18,2013, at

10:30 a,m., and due to the unavailability of the undersigned) and good cause appearing therefor,

IT IS HEREBY ORDERED that Judge Larson is pennitted authority and requested to

conduct said arraignment in the place and stead of the undersigned.

IT IS HEREBY ORDERED that the Honorable John W. Larson is gr:anted authority to

conduct all routine mT~ this cas~:;ot address the merits ofthe case.

DATED this ! I day of . . ,20&

......--~---------

~ HON. , District Judge~ Presiding

cc: Plaintiff Attorney Defense Attorney

ORDER. RE: ARRAJGNMENT Pa.gel

Exhibit 3-A

1 Joan H. Burbridge OFFICE OF THE STATE PUBLIC DEFENDER

2 610.N. Woody Missoula, MT 59802

3 (406) 523 .. 5140 Fax: (406) 523-5141

4 jburbridge@mt.gov Attorney for Defondant

5

6

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FilED AUG f 9 2013 SHI RLEY E. FAUST, CLERK

~ Deputy

8 MONTANA FOURTH JUDICIAL DISTRlCT COURT, MISSOULA COUNTY

9 STATE OF MONTANA~

10 Plaintiff, Department 3

v. Cause No. DC-13-389

11 EMILY ELLEN SKEELS, MOTION TO SUBSTITUTE JUDGE

12 Defendant.

13 The undersigned, as attorney for Emily Ellen Skeels) pursuant to Section 3-

14 1 .. 804) MeA, hereby moves for substitution of District Court Judge John Larson in

1 5 thi s case.

16 /..--

Dated this 11 of August~ 2013 ..

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Motion to Substitute Judge Page 1

L ',~ . i" .

CERTIFICATE OF SERVICE i'v-

2 1, the undersigned hereby certify that on the fi of August, 2013, I caused to

3 be personally delivered a copy of the foregoing Motion to Substitute Judge to:

4

5 Shawn Thomas, Deputy County Attorney

6 Missoula County Attorney's Office Missoula County Courthouse

7 Missoula~ MT 59802

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Motion to Substitute Judge Page 2

Exhibit 3-B

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John W. Larson District Judge Fourth Judicial District Dept. -:3 Missoula County Courthouse Missoul~ MT 59802 (406) 250 .. 4773

MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY

STATE OF MONTANA, Plaintiffs,

vs.

EMILY ELLEN SKE'ELS, ",r.

Defendant.

Cause No. DC-13-389

INVITATION TO ASSUME JURISDICTION

The undersigned hereby withdraws from jurisdiction and invites the one

of the Fourth Judicial District Judges to assume jurisdiction over the' above-

captioned cause, Sr DATED this ~ day of August, 2013.

W. LARSON, District Judge

25 I

26 I

II .. Inv~tat~o~ to Assume Jur~sd1ct~on & Responses

ACTION TAKEN ON INVITATION TO.ASSUME J RISDICTION 1

2 The undersigned hereby ~_ accepts _~_ declines jurisdiction

3 over the above-captioned cause.

4 DATED this 21 5

6

7 ED~~

8 ~ declines jurisdiction The undersigned hereby __ accepts 9

10 over the above-captioned cause.

11 DATEDthi~d 12

13

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15 The undersigned hereby __ accepts ~ __

16

17 over the above-captioned cause.

18 DATED this ~_ day of Au

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Ir.vit<!t.ion LO Assume Jurisdictior: " Responses

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The undersigned invites the HONORABLE KURT KRUEGER to

assume jurisdiction over the above-captioned cause. ")/ ~.iY: DATED this 17) day of August, 2013.

JO W. LARSON, District Judge

ACTION TAKEN ON INVITATION TO ASSUME JURISDICTION

The undersigned hereby -£ accepts ___ declines jurisdiction

over the above-captioned cause.

DATED this &:3:2 day of Augustl 201

Invitation to Assume Jurisdiction ~ Re9ponses

KURT KRUEGER DISTRICT COURT JUDGE, DEPT. I SIL VER BOW COUNTY COURTHOUSE 155 WEST GRANITE STREET BUTTE, MT 59701 (406) 497-6410

AUG 2 Ii 2013 SHIRi.EY f F:

BY~ Depury

MONTANA FOURTH JUDICIAL DISTRICT, MISSOULA COUNTY

STATE OF MONTANA, * *

Plaintiff, 'I<

* CAUSE NO. DC h 13 .. 389 VS. *

* EMILY ELLEN SKEELS, *

* Defendant. *

ORDER OF ASSUMPTION OF JURISDICTION

I) Judge Kurt .K.rUeger, Judge of the Montana Second Judicial District Court, do hereby

assume jurisdiction in all further proceedings in the above-entitled action.

DATED this 23rd day of August, 2013.

(It is the duty of counsel of record to ontact the esidingjudge to make arrangements for time of hearing and trial dates, That the ial in this attcr will be held in the Fourth Judicial District Courthouse~ Missoula, Montana. ' All other hearings of any kind will take place in the Second Judicial District Court) Butte-Silver Bow County. The presiding judge will not contact counsel for the purposes of setting these dates.)

Exhibit 3-C

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KURT KRUEGER DISTRICT COURT JUDGE. DEPT 1 SILVER BOW COUNlY COURTHOUSE 155 WET GRAN~TE STREET BUTIE, MT 59701 (&106) 497..6410

fl[EO SEP 25 2013

MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY

STATE OF MONTANA, Plaintiff,

-vs-

EMILY ELLEN SKEELS Defendant,

Dept. No.1

Cause No. DC~ 13·389

ORDER FOR ARRAIGNMENT

TO: EMilY ELLEN SKEELS, and counsel for defendant,

Joan Burbridge - Office 9f the State Public Defender

610 Woody St., Missoufa, MT 59802

An Information having been filed on the 9th day of August, 2013,

NOT'CE IS HEREBY GIVEN that the Defendant'above-named appear on-the

11th day of October. 2013, at the hour of10:00 a.m., for arraignment in the Montana

Second Judicial District Court, 155 West Granite Street, Butte, Montana.

DATED this 24th day of September, 2013.

10

Exhibit 4-A

Brian c. Srruth OFFICE OF THE STATE PUBLIC DEFENDER

2 610 Woody Missoula, MT 59802

3 Phone: (406) 523-5140 Fax:' (406)523-5141

4 bsmith@mt.gov r1llO A Attorney for Defendant

5

6

7

8 MONT ANA FOURTH JUDICIAL DISTRlCT COURT, MISSOULA COUNTY

9 STATE OF MONTANA,

10 Plaintiff)

11 -vs-

12 1RA VIS STEVEN BRANCH,

13 Defendant.

Dept. No.3 Cause No. DC-13-3S7

MOTION TO SUBSTITUTE JUDGE

14 The undersigned, as attorney for above named Defendant, pursuant to

IS Section 3-1-804, MCA~ hereby moves for substitution of District Court Judge John

16 Larson in this case,

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Dated this the 2nd day of August, 2011.

MOTION TO SUBSTITUTE JUDGE Stille v. Branch DCoJ3·357

Assistant Public Defender

Page I

o o b-j X a..

-, ; -I

.... . ..

CERTIFICATE OF SERVICE

2 I, the undersigned hereby certify that on the 2nd day of August, 2013, I

3 personally delivered a copy of the foregoing Motion To Substitute Judge

4 to:

5 Missoula County Attorney" s Office,

6 Missoula County Courthouse Missoula, MT 59802

7.

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MOTION TO SUBSTITUTE JUDGE s.tate v_ Branch OC-IJ-351

Pnge2

Exhibit 4-B

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John W. Larson District Judge Fourth Judicial District Dept. "3 iviissoula County Courthouse Missoula~ MT 59802 (406) 250-4773

FH..EO AUG 2 1 2013 SHIRLEY i:. FAUST, CLERK

~'P-~=--+---::::---__

~ Depuly

MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY 8

l STATE OF MONTANAt

9 Plaintiffs,

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VS~ Cause No. DC-13-357

TRAVIS STEVEN BRANCH! INVtTATION TO

ASSUME JURISDICTION

Defendant.

The undersigned hereby withdraws from jurisdiction and invites the one

of the Fourth Judicial District Judges to assume jurisdiction over the above-

captioned cause. ~ .

DATED this l day of August, 2013.

W. LARSON! District Judge

~1 26 -;

Ievit.ation to As.sume Jurisdiction & Res(,lcrtsC's

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ACTION TAKEN ON INVITATION TO ASSUME JURISDICTION

The undersigned hereby accepts ~ declines jurisdiction

over the above-captioned cau:~ .

DATED this 4~ August, 2013.

EDMC~~ The undersigned hereby __ accepts ~eclines jurisdiction

over the above-captioned cause.

DATED this~a

I IS n

The undersigned hereby __ accepts ~ declines jurisdiction

over the above-captioned cause.

DATED this __ day of u

InvitatiQ~ to Assume Jurisdiction & Responses

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The undersigned invites the HONORABLE BRADLEY G.' NEWMAN to

assume jurisdictlon over the above-captioned cause.

DATED t~is 1'It1t.day of A~gustl 2013.

JO W. LARSON, District Judge

___ . declines jurisdiction

Invltation to Assume Jurisdiccion & Responses

Exhibit 4-C

ul/03/2813 15:26 DISTRIGT COURT

Brad Newman District Judge, Department 2 Silver Bow County Courthouse 155 West Granite Street Butte, Montana 59701 (406} 497-6420

FILED SfP 0 3 2013 SHIRLEY E. FAUST Clerk

~ "oemii'l

MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY

STATE OF MONTANA,

Plaintiff, DEPT. No.3

VS. No. DC-13-357

TRAVIS STEVEN BRANCH,

ORDER SETTING ARRAIGNMENT

By Order dated Augl1s't 16, 2013, the undersigned judge 5ssuned

jurisdiction over this case from the Hono=able John W. Larsen. A

review of the record 5hows that the Defendant has not yet been

~rraig~ed_ Accordingly,

IT IS ORDERED that the Defendant, TRAVIS STEVEN BRlU,lCH, shaLl

appear before the

.~L..y- II 2013,

undersigned judge on nqj[ arraignment. The at

arraignment shall take place at the Silver Bow County Courthouse,

Tbird floor COL'lrtroom - Department 2,. 155 fNest Granite Street,

BLt'tte t No:! tana.

OATrr:D tr..is day of September 1

OHDER SETTING A['{Rl\IGNMENT

9

Exhibit 5-A

IN THE JUSTICE COURT OF THE STATE OF MONTANAt

iN AND FOR THE COUNTY OF MISSOULA RECEiVED

BEFORE Karan A. OIZeQ1 JUSTICE OF THE PEACE. JUL 0 3 20t3

STATE OF MONTANA, Justice Caur!

Cause No. CR-2013~ 1(02.5- <:.C-.

Plaintiff.

-vs- COMPLAINT

DAViD RUSSELL THOMAN!

Defendant.

Shawn Thomas, being duly sworn, deposes and says: that on or about October

19, 2012p at Missoula County, the above-named Defendant committed the offense of

COUNT I: ESCAPE, a Felony. in violation of Mont. Code Ann. § 45-7-306. The penalty

for this offense is not more than ten (10) years in Montana State Prison.

The facts constituting the offense are:

COUNT I: On or about October 19, 2012, the above~named Defendant, an

inmate subject to official detention with the Montana Department of Corrections.

temporarily assigned to the Missouia Pre-Release Center. purposely or knowingly failed

to return to official detention following temporary leave granted for a specific purpose or

limited time or eluded official detention, in Missoula cfounty.

/i" ~ ·-J-L ~ Shawn Thomas Deputy County Attorney

Subscribed and sworn to before me this __ day of July, 2013.

JUSTICE OF THE PEACE

COMPLAINT

AUG 0 glOB

IN THE JUSTICE COURT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF MISSOULA

BEFORE Karen p., OI2€e.~ JUSTICE OF THE PEACE. R E C E i V E D

STATE OF MONTANA,

Plaintiff,

-vs-

DAVID RUSSELL THOMAN,

Defendant.

STATE OF MONTANA ) : S8

County of Missoula )

JUL 03 2013 Cause No. CR .. 2013"l(DZ5 ""~t;ce Caur[

AFFIDAVIT OF PROBABLE CAUSE

Shawn Thomasg Deputy County Attorney of Missoula County~ Montana, being first

duly sworn upon oath, deposes and says:

I have read the official law enforcement reports regarding the investIgation of

DAVID RUSSELL THOMAN for allegedly committing the offenses set forth in the

complaint and based upon the information contained in the reports t if true, believe

probable cause exists to justify charging the above-named defendant as specified in the

accompanying complaint.

On or about October 191 2012, David Russell Thoman was an inmate subject to

official detention with the Montana Department of Correctionsf temporarily assigned to

the Missoula Pre~ReJease Center, in Missoula County& Montana ("the Centerl). On

October 18. 2012, Defendant signed out of the Center to go to work at Subway in

Bonner, Montana. In the evening hours of that day. he phoned the Center and said that

he would be working late) untH 10:45 p.m. He was expected to return to the Center by AFFIDAVIT OF PROBABLE CAUSE

11:30 p9m., but was missing at the 11 :55 p.m. head count Center staff unsuccessfuHy

attempted to call Subway, then drove to the business, but Thoman could not be found.

AU attempts to locale Defendant were unsuccessful. Escape procedures were

immediatety initiated. Local law enforcement was notified and began searching for the

Defendant.

On or about October 19. 2012 J Subway manager Destiny Swartz reported to the

Center that $465.00 was missing from the store's till and that a call had been made the

previous night from the store's phone to a phone number with a Wyoming area code.,

Escape charges were initially filed by the Powell County Attorneis Office and on

October 19. 2012. a warrant was issued for the Defendant's arrest.

On or about December 22, 2012, Washington State Patrol Trooper Jason Davis

was patrolling in Stevens County when he pulled a vehicle over due to a defective

headlight. After providing numerous names to the Trooperv none of which were

authentic, the driver was arrested. His true identity was later discovered to be that of

the Defendanti DavId Russell Thoman.

On or about December 27,2012, Defendant waived extradition to Montana at an

Extradition Hearing held that day in the Superior Court of Stevens County. Washington.

He was returned to Montana on or about January 4p 2013. Defendant eventually

objected to the proceedings in Powell County based on venue and the ca~e in Powell

County was dismissed without prejudice so Missoul Quid re-fiIe the charge.

Shawn Thomas Deputy County Attorney

AFfIDAVIT Of PROBABLE CAUSE

SUBSCRIBED AND SWORN TO before me this ~_ day of July. 2013.

JUSTICE OF THE PEACE

ORDER

Upon reading the foregoing Affidavit, the Court finds that there is probable cause

to believe the above-named Defendant committed the crimes charged,

DATED this __ day of July, 2013 at a.m.lp.m.

JUSTICE OF THE PEACE

hFFIDAVIT or PROBABLE CAUSE

Exhi it 5-

1 loan H. Burbridge OFFICE OF THE STATE PUBL1C DEFENDER

2 610 N. Woody Missoula, MT 59802

3 (406) 523-5140 Fax: (406) 523-5141

4 jburbridge@mt.gov A ttorney for Defendant FILED SEP 1 9.1n13

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6

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SH1HLEY t:.. f-P,US 1, CLEm< By~ __ V Up.puly

8 MONTANA FOURTH JUDICIAL DISTRICT COURT, M]SSOULA COUNTY

9 STATE OF MONTANA)

10 P1aintiff, Department 3

v. Cause No. DC-13-417

11 DAVID RUSSELL THOMAN, MOTION TO SlJBST1TUTE JUDGE

12 Defendant

13 The undersigned, as attorney for David Russell Thomas, pursuant to Section

14 3~ 1-804, MeA) hereby moves for. substitution of District Court Judge John Larson

] 5 in this case.

16 v Dated this li of September, 2013.

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Motion to Substitute Judge Page 1 10

CERTIFICATE OF SERVICE

& 2 J} the undersigned hereby certify that on the A of September, 2011, I

3 caused to be personally delivered a copy of the foregoing Motion to Substitute

4 Judge to:

5

6 Shawn Thomas~ Deputy County Attorney

7 Missoula Coooty Attorney's Office Missoula County Courthouse

8 Missoula, MT 59802

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Motion to Substitute Judge Page 2

Exhibit 5-C

~ John W. Larson", District Judge 1 Fourth Judicial uistrict Dept. -:3

Missoula County Courthouse 2 MissoulaA MT 59802

(406) 250-4773 3 \

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Fl[f!o SE? 3 D 2f113

7 I 8 I

MONTANA FOURTH JUDICIAL DISTRICT COURT, MlSSOULA COUNTY

9 I 10 I

11 II

STATE OF MONTANA, Plaintiffs,

VS.

DAVID RUSSELL,

12 ~ ________________ D_e_fe_n_d_a_n~t.~

13 , ,

Cause No. DC-13-.417

INVITATION TO ASSUME JURISDICTION

14 Iii The undersigned hereby withdraws from jurisdiction and invites one of

15 \ i the Fourth Judicial District Judges to assume jurisdiction over the above-

16 ;:

17 i captioned cause. = 7~ 18 I DATED this £ day of September) 2013. 19 Ij

I: yt/ 20 fi] ~ 21 ~ -----r<--+-~~-=----~~-

22 Ii

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26 I . . Jnv2cation cn A!lsume Jll.r15dl.ct~Cl1 ;, ?r~3PGnS05

.;

,-'l

: .~

",

~

ACTION TAKEN ON l~~VITATION TO ASSUME JURISDICTION 1

2 The undersigned hereby accepts /' declines jurisdiction

3 over the above-captioned cause.

4 DATED thiS.EZ~ September, 2013. 5

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EDMC~~ The undersigned hereby ~_ accepts X declines jurisdiction

over the above-captioned cause.

DATED thi~day 0

The undersigned hereby __

over the above~captioned cause.

DATED thi~day of S ptember, 2013.

A,

Invita~ion to A3S~e Jur~sdic:!on & R~SpOnSe~

"

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The undersigned invites the HONORABLE RAY J. DAYTON to

assume jurisdiction over the above-captioned cause .

DATED this fA/fA day of September. 2013 .

ACTION TAKEN ON INVITATION TO ASSUME JURfSOICTION

The undersigned hereby __ accepts ~ __ declines jurisdiction

over the above-captioned cause.

DATEDthis __ dayof _______ , 2013.

HONORAB[E RAY J. DAy ION Anaconda County Courthouse 800 South Main Anaconda, MT 59711 (406) 563-4044 (406) 563-7015 Fax Judicia! Assistant Sheila Ve'rtanic

(sverfanic@mt.gov)

Invitation to Assume Ju~igdiction & Responsea

,{

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The undersigned invites the HONORABLE RAY J. DAYTON to

assume jurisdiction over the above~captioned cause.

DATED this C6,tJ- day of Septemberl 2013.

ACTION TAKEN ON INVITATION TO ASSUME JURISDICTION

The undersigned hereby _ ~. accepts ___ declines jurisdiction

i~ over the above-captioned cause.

I.

DATED this . - / day of .' .... -;·iI~\'-~:.yl~ V r ~ \: ')

,2013.

HONORA~L~ R;:; f~Y~' em Anaconda County Cou.rthousei

800 South Main Anaconda, MT 59711 (406) 563·4044 (406) 563·7015 Fax judicial Assistant Sheila Verlanic

(sverla r ic@mt.gov)

- ---- ---------~---:------------~-

Exhibit 5-

HONORABLE RAY J. DAYTON Anaconda County Courthouse 800 South Main

;2 l. Anaconda, MT 59711

I'! (406) 563-4044

:3 ,; (406) 563-7015 Fax 4 Ii judicial Assistant Sheila Verlanic

: (i3yerlanic@mt.gov

J I; 6 !

MONTANA FOURTH JUDICIAL DISTRiCT COURT, MISSOULA COUNTY ~ , 6 I" STATE OF MONTANA)

Plaintiffs. ':=: VS.

Cause No. DC-13~417

10 \ DAVID RUSSELL, i1

f _________________ D_e_fe_n_d_a_nt~.~

ORDER

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l4 I! Section 3-1~804(10}, MeA. states:

'. It A district judge who has previously been sUbstituted from the ,,- -, ~ case may agree to set the calendar, drav\I a jury, and conduct all

i. "':' - I

lB

26

routine matters including arraignments. preliminary pretrial conferences in civil cases, and other matters that do not address the merits of the case, if authorized by the presiding district judge,

IT IS HEREBY ORDERED that the Honorable John W Larson is

granted authority to conduct all routine matters in this case that do not

address the nlerits of the case.

DATED this ....:.....---'--_ day of Sept~mber, 2012. . i

"'. '~-.. ~" ;../' -) " ) '- -,;,'.:.:- ... ~

HONORABLE~RAy ]. DAy I ON

r-

"

Exhibit 6-A

STATE OF MONTANA. ) : ss.

County ofMissou1a )

I, Brian C. Smith, pursuant to Mont. Code Ann. § 1-1-203, declare:

1. I am a licensed, practicing attorney in the State of Montana, and am

currently employed by the Office of the State Public Defender as a Deputy Public

Defender.

DJ-13-66 C.So

2. In my capacity as Deputy Public Defender, I was assigned to represent

C.S. in DJ-13-66 and her case was assigned to the l-Ionorable John W. Larson.

3. During my meetings with C.S., I explained to her she had a right to

substitute the district court judge pursuant to Mont. Code Ann. §3-1-804. After

consultation with C.S., she opted to exercise her right to substitute the district court

judge in her case. I filed a motion to substitute the district court judge on her

behalf.

4. The l-Ionorable John W. Larson extended the invitation to assume

C.S. 's case and it \-vas assumed by the l-Ionorable Deborah IZim Christopher,

Twentieth Judicial District on July 22nd.

5. The State moved to dismiss C.S. and the case was dismissed without

prejudice on October 1, 2013.

DC-13-338 Lebeau

6. In my capacity as Deputy Public Defender, I was assigned to represent

Stanley Isaac Lebeau in DC-13-338 and his case was assigned to the Honorable

John Larson.

7. During my meetings with Mr. Lebeau, I explained to him he had a

right to substitute the district court judge pursuant to Mont. Code Ann. §3~ 1-804.

After consultation with Mr. Lebeau, he opted to exercise his right to substitute the

district court judge in his case. I filed a motion to substitute the district court judge

on his behalf.

8. The Honorable John W. Larson extended the invitation to assume Mr.

Lebeau's case and it was assumed by the Honorable Deborah Kim Christopher,

Twentieth Judicial District on July 17th. A sentencing is currently set for October.

DC-13-3S7 Branch

9. In my capacity as Deputy Public Defender, 1 was assigned to represent

Travis Steven Branch in DC-13-3S7 and his case was assigned to the Honorable

John Larson.

10. During my meetings with.Mr. Branch, I explained to him he had a

right to substitute the district court judge pursuant to Mont. Code Ann. §3-1-804.

After consultation with Mr. Branch, he opted to exercjse his right to substitute the

district court judge in his case. I filed a motion to substitute the district court judge

on his behalf.

11. The Honorable John W. Larson extended the invitation to assume Mr.

Branch's case and it was assumed by the Honorab]e Bradley G. Newman, Second

Judicial District, on August 16th. Mr. Branch's next court proceeding will be a

Sentencing. No date for the Sentencing :Hearing has been set.

12. Both the State and defense counsel inquired about appearing by

telephone. Judge Newman would not let Mr. Branch appear by telephone and

required his personal appearance in Butte. The State appeared through the Silver

Bow County Attorney and did not travel to the hearing.

DC-13-435 Chilcote

13. In my capacity as a Deputy Public Defender, I was assigned to

represent Joshua Chilcote in DC-13-435 and his case was assigned to department

four of the Fourth Judicial District, before the Honorable John Larson.

14. During my meetings with Mr. Chilcote, I explained to him he had a

right to substitute the district court judge pursuant to Mont. Code Ann. §3-1-804.

After consultation with J\!1r. Chilcote, he opted to exercise his right to substitute the

district court judge in his case. I filed a motion to substitute the district court judge

on his behalf.

15. The Honorable John W. Larson extended the invitation to assume Mr.

Chilcote's case and it was assumed by the Honorable Loren Tucker, Fifth Judicial

District, on September 17th. Mr. Chilcote continues to appear in Missoula County

in front of Judge Larson at the request of Judge Tucker. Mr. Chilcote recently

entered a not guilty plea in front of Standing Master Brenda Desmond.

DC-13-424 Graham

16. In my capacity as Deputy Public Defender, I was assigned to represent

Deanna Jensen Graham in DC-13-424 and her case was assigned to department

two of the Fourth Judicial District, before the Honorable Robert L. Deschamps Ill.

17. In DC-13-424, the State of Montana on September 6, 2013, pursuant

to Mont. Code Ann. §3-1-804, filed a motion to substitute district court judge. The

I-Ionorable Karen Townsend, Montana Fourth Judicial District, assulned,

jllrisdiction over the case on September 6,2013. (B.C.S. Affidavit Exhibit No.1)

DC-13-443 Miller

18. In my capacity as Deputy Public Defender, I was assigned to represent

John Stanley Miller in DC-13-443 and his case was assigned to department two of

the Fourth Judicial District, before the Honorable Robert L. Deschamps III.

19. In DC-13 .. 442, the State ofl\lIontana on September 16,2013, pursuant

to Mont. Code Ann. § 3-1-804, filed a motion to substitute district court judge.

The Honorable Ed McLean, Montana Fourth Judicial District, assumed jurisdiction

over the case on September 17, 2013. (B.C.S. Affidavit Exhibit No.2)

DC-13-316 Werner

20. In my capacity as a Deputy Public Defender, I was assigned to

. represent AbrahmTI "Verner in DC-13-316 and his case was assigned to department

four of the Fourth Judicial District, before the Honorable John Larson.

21. I consulted with my client about his substitution rights and Mr.

Werner elected not to substitute. The case remains assigned to the Honorable John

Larson.

22. The -qndersigned is unaware of a case in which the State has been

punished for exercising their statutory right of substitution.

23. Based on events of the last two months, I now advise my client, when

considering whether to exercise their right of substitution that they may be required

to travel outside the jurisdiction. I believe this has had and will have a chilling

effect on the clients and the attorneys when considering exercising this statutory

right.

24. I declare under penalty of peljury that the foregoing is true and

correct.

{tJ/ 'lit 3 Date

SUBSCRIBED AND SWORN to before Ine this ~ .. day of~d~2013

(NOTORlAL SE.AL)

P 'nted Name: ~----------~~----------

Notary Public for the State 0

Residing My Comnijssion Expires:~ ______ _

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Robert L. Deschamps, III District Court Judge Department No.2 Missoula County Courthouse Missoula, Montana 59802 (406) 258-4772

FJlED SEP 0 67m3 SHml~Y E. r;AUST. Cl ERK

~-->.--,,~,-.

8 MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY

9 I STATE OF MONTANA. DEPT NO.2

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Plaintiff. CAUSE NO .. DC .. 13-424

-vs-

DEANNA JENSEN GRAHAM,

INVITATION TO ASSUME JURISDICTION AND

ORDER RESETTING ARRAIGNMENT

Defendant

State of Montana having filed a Motion to Substitute, the undersigned

hereby withdraws from jurisdiction and invites the HONORABLE KAREN S.

TOWNSEND to assume jurisdiction over the above-captioned cause. The

ARRAIGNMENT hearing previ ously set fO} sePtem,ber 17, 2013, is y-/'

ordered vacated and reset for --z7IfV;~ SeAl;?';!' 11 __________ l 2013, at !L:ftJ~m. before Dept. 4.

DATED this ~-M;jay of September, 2013.

Robert L. Deschampst til District Judge

INVITATION TO ASSUME JURISDICTION 1

EXHIBIT 11 f).e.:::,. A-tf.dtl-v:+ I

\ j F

-"I

.II

.... ,

ACTION TAKEN 0 AriON TO ASSUME JURISDICTION

The undersigned hereby accepts declines jurisd letion

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over the above-captioned case.

DATED this It lJ..aay of September, 2013. )

r~l.~ Jren S. Townsend District Judge

INVITATION TO ASSUME JURISDICTION - 2

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Robert L. Deschamps, III District Court Judge Department No. 2 Missoula County Courthouse Missoula l Montana 59802 (406) 258-4772

MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY

DEPT NO.2

CA.USE NO" DC·13-443

INVITATION TO ASSUME JURISDICTION AND

ORDER RESETIING ARRAIGNMENT

State of Montana having filed a Motion to Substitute, the undersigned

hereby withdraws from jurisdiction and invites the HONORABLE ED

McLEAN to assume jurisdiction over the above-captioned cause. The

ARRAIG_NMENT hearing previously set for Tuesday, October 1.2013, is

ordered vacated and reset for ~ J

_ Orfp ~ eX·L 2013, at /1!.:W_.m. before Dept. 1. ,

DATED thisct'day of September, 2013. ;

~~

INVITATION TO ASSUME JURI

Robert L. Deschamps, III . District Judge

EXHIBiT b B.t!.· s~ A!I;J~\.<+ I 2.

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ACTION TAKEN ON INVITA I TO ASSUME JURISDICTION

The undersigned hereby V accepts declines jurisdiction

over the above ... captioned case.

DATED this n~Y of September. 2013.~~.d . ~rY'o/'~

Ed McLean District Judge

INVITATION TO ASSUME JURISDICTION - 2

Exhibit 6-B

STATE OF MONTANA ) : ss.

County of Missoula )

I, Joan H. Burbridge, pursuant to Mont. Code Ann. § 1-1-203, declare:

1. I am a licensed, practicing attorney in the State of Montana, and am

currently elnployed by the Office of the State Public Defender as an Deputy Public

Defender.

State v. Skeels, DC-13-389

2. In my capacity as Deputy Public Defender, I was assigned to represent

Emily Skeels in DC-13-389, Montana Fourth Judicial District, on August 12,2013.

2. Ms. Skeels' case was assigned to department three of the Fourth

Judicial District, I-Ionorable John W. Larson.

3. During my first meeting with Ms. Skeels, I explained to her that she

had a right to substitute the district court judge pursuant to Mont. Code Ann. §3 1-

804.

4. After consulting with Ms. Skeels, she opted to exercise her right to

substitute the district court judge in her case and I filed a motion to substitute the

district court judge on her behalf.

5. Ms. Skeels's case has been assigned to the lIonorable I(urt Krueger,

Second Judicial District. An alTaignment is set for October 17, 2013 in Butte,

ORDER

Montana. Ms. Skeels has stated to me that it will be difficult for her to get to Butte

for the hearing.

State v. Thon1.an, DC-13-41 7

6. In my capacity as a Deputy Public Defender, I was assigned to

represent David Thoman in DC-13-417 and his case was assigned to the Honorable

John W. Larson.

7. During a phone conversation with Mr. Thoman, I explained that he

had a right to substitute the district court judge pursuant to Mont. Code Ann. § 3-1-

804. He opted to exercise that right.

8. Mr. Thoman and I also discussed the fact that his case was originally

filed in Powell County. He stated to me that he sought a change of venue because

his alleged crime occurred in Missoula County and he wanted his case to be

handled in Missoula County.

9. Jurisdiction in Mr. Thoman's case has been assumed by the

Honorable Ray Dayton, Third Judicial District. No further proceedings have been

set.

State v~ Vanwoerkom, DC-13-371

10. I was also assigned to represent Regina Vanwoerkom in DC-13-3 71,

Montana Fourth Judicial District and that case was also assigned to department

three, I-Ionorable John W. Larson.

ORDER

11. ]n DC-13-371, I met with Ms. Vanwoerkom and explained that she

had a right to substitute the district court judge. She opted not to exercise that right.

State Va Colligan, DC-13-268

12. I was assigned to represent Christopher Colligan in DC-13-268,

Montana Fourth Judicial District. DC-13-268 was assigned to department one,

Honorable Ed McLean.

13. In DC-13-268, the State of Montana filed a motion to substitute

district court judge. The Honorable Karen S. Townsend, Montana Fourth Judicial

District, assumed jurisdiction over the case.

14. I am not aware of any cases that have been referred to out of district

judges when the State has filed a motion to substitute the district court judge.

15. Based on the district court ~ s current practice, I am now advising

clients that if they wish to substitute the district court judge, they may be required

to travel outside of Missoula for hearings. I believe this has had and will continue

to have a chilling effect on client's statutory right to substitute.

16. I declare under penalty of perjury that the foregoing is true and

Date

()lIH~r.D

SUBSCRIBED AND SWORN to before Ine this Lj~ day of {}cfoieA.., 2013.

(NO Py i1?ted Name: ____ ~"'-----Notary Public for the State of Montana Residing at: __________ _ My Commission Expires: ____ _

OROF,R

Exhibit 6-C

STATE OF MONTANA ) : ss.

County of Missoula )

I, I(atie Green, pursuant to Mont. Code Ann. § 1-1-203, declare:

1. I am a licensed, practicing attorney in the State of Montana, and

am currently employed by the Office of the State Public Defender as a

Deputy Public Defender.

DJ-J3-72 T.H.

2. In my capacity as Deputy Public Defender, I was assigned to represent

T.H. in DJ-13-72, Montana'Fourth Judicial District, on August 2,2013.

3. T.H.'s case was assigned to department three of the Fourth Judicial

District, Honorable John -W. Larson.

4. During 'my first meeting with T.H., I explained to him that he had a

right to substitute the district court judge pursuant to Nlont. Code Ann. §3-1-804.

4. After consulting with T .H., he opted to exercise his right to substitute

the district court judge in his case and I filed a motion to substitute the district

court judge on his behalf.

5. The Honorable John W. Larson extended invitatlon to assume T.I--J.'s

case and it was assumed by the I-Ionorable Bradley G. Newman, Second Judicial

District. A hearing was set for September 19,2013.

6. The State filed a Motion to Disll1iss T.H. 's case on September 13,

2013, and the case was dismissed on September 16,2013.

DC-J3-359 Williams

7. I was assigned to represent Bradley Williams on July 8, 2013 in DC-

13-359 .

8. Mr. Williams' case was assigned to department three of the Fourth

Judicial District, before the Honorable John Larson.

9. During my meeting with Mr. Williams, I exp] ained to him that he had

a right to substitute the district court judge pursuant to Mont. Code Ann. §3-1-804.

10. After consulting with Mr. Williams} he opted to exercise his right to

substitute the district court judge in his case and I filed a motion to substitute the

district court judge on his behalf.

11. The Honorable John W. Larson extended invitation to assume Mr.

Williams's case and it was assumed by the I-Ionorable :Bradley G. Newman,

Second Judicial District, on August 16,2013.

12. The State filed a Motion to Dismiss Mr: Williams's case on August

22,2013, and the case was dismissed on August 26,2013.

DC-J3-386 Eder-McLane

13. I was assigned to represent Michelle Eder-McLane on July 25, 2013

in DC-13-386 .

14. Ms. Eder-McLane' s case was assigned to department two of the

Fourth Judicial District, before the Honorable Robert L. Deschamps II.

15. In DC-13-386, the State of Montana, pursuant to Mont. .Code Ann. §

3-1-804, filed a motion to substitute district court judge. The Honorable Ed

McLean, Montana Fourth Judicial District, assumed jurisdiction over the case, on

August 13, 2013.

16. I declare under penalty of perjury that the foregoing is true and

correct.

Katie Green

SUBSCRlBED AND SWORN to before me this t.jff4. day of IJc1;(((12013

ptf'nted Name: Z/ Notary Public for the State of Montana Residing My Commission Expires: ______ _