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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