DeJana to Lympus, Curtis, Stadler/Pre-Release Center LawsuitRichard De Tana & Associates PLLC
RI6HARD BEJANA, Esq.
120 f' Street West, Suite 6 PGone 4067524120
Kalispell, Montana Fax4067525015
Reply to
P. 0. Box 1757
Kalispell, MT 59903
Email rdejanaamontanasky.net
May 5, 2009
Honorable Ted D. Lympus
District Court Judge, Department No. 1
Flathead County Justice Center
920 South Main St.
Kalispell, MT 59901
Honorable Katherine R. Curtis
District Court Judge, Department No. 2
Flathead County Justice Center
920 South Main St.
Kalispell, MT 59901
Honorable Stuart Stadler
District Court Judge, Department No.3
Flathead County Justice Center
920 South Main St.
Kalispell, MT 59901
Re: Pre-release center
Dear Judges Lympus, Curtis and Stadler:
It appears that within the next 10 days, I will be bringing litigation on behalf of a number
of surrounding land owners with respect to the proposed pre-release center. I anticipate that the
City of Kalispell will be a party with respect to several land use issues. At this time, I am
awaiting some further information from the Department of Corrections which I will use to
determine if I will have to join them in the suit. That possibility presently exists.
I am writing this letter to alert you each in advance of a possible problem with each of you
hearing this matter. Judge Stadler testified in favor of this location according to media reports.
As you all also know, our court administrator, Bonnie Olson, headed and was a primary
spokesperson for the 12 member committee involved in the selection of the site — or which was
supposed to be involved based upon the administrative rules. That appears to create an
appearance of conflict of interest.
As you are aware the Judicial code now provides:
RULE 2.12 (A) A judge shall disqualify himself or herself in any proceeding in which
the judge's impartiality might reasonably be questioned, including but not limited to
the following circumstances:....
The Comments to that Section state:
COMMENT
[1] Under this Rule, a judge is disqualified whenever the judge's impartiality might
reasonably be questioned, regardless of whether any ofthe specific provisions of paragraphs
(A)(1) through (5) apply.
[2] A judge's obligation not to hear or decide matters in which disqualification is required
applies regardless of whether a motion to disqualify is filed.
I am not in any way requesting a disqualification, but because of the possibility the action
may seek a restraining order, I wanted to provide you with the opportunity to make a determination
as to whether any of you feel it is appropriate to sit on this case. I understand that a disclosure of any
potential conflicts may be sufficient. I simply wanted the Court to be prepared in the event the suit
was filed. I will advise when I file the action and should for some reason, a decision be made that
the suit will not be filed within the next 10 days, I will advise.
Since ely,
V�
Ric and D ana
PC Clients
Charles A. Harball,
Kalispell City Attorney
PO Box 1997
Kalispell, MT 59903-1997
Director Mike Ferriter
Montana Department of Corrections
1539 11th Avenue
Helena, Montana 59620
Kerry Pribnow
Prerelease Contracts Manager
Adult Community Corrections Division
P.O. Box 201301
Helena, MONTANA 59620-1301