Court proceedings against state Sen. Greg Barkus have again been delayed as officials search for a new judge to hear the case.

Prosecutors filed court documents last week requesting that District Court Judge William Nels Swandal be removed from the case, postponing Barkus' arraignment on felony charges until a new judge can be found.

Barkus, 62, is charged with one count of criminal endangerment and two counts of negligent vehicular assault in connection with an Aug. 27 boat crash on Flathead Lake that injured five people, including U.S. Rep. Denny Rehberg.

Swandal, of Livingston, was enlisted to preside over the legal proceedings after Flathead County's three District Court judges recused themselves to avoid any appearance of impropriety. The local judges had worked with Barkus, R-Kalispell, on recent legislation to add a fourth judge to the court.

Prosecutors are not required to give a reason for requesting the substitution, and Flathead County Attorney Ed Corrigan was not available Tuesday for comment.

But administrators in the prosecutors' office said it was their understanding that Lake County District Court Judge Kim Christopher had been offered the case.

Christopher, who reportedly was in Thompson Falls on Tuesday, could not immediately be reached to confirm whether she had been approached to preside over the case or whether she would accept.

Barkus' attorney - Todd Glazier of Kalispell - has, by statute, 10 days after the prosecutors' request was filed to submit his own request for a new judge. Again, no reason need be given, according to Flathead County District Court officials.

Prosecutors and defense attorneys each are given only one opportunity to request a substitution without giving cause.

At the time of his initial appearance on the three felony charges, Barkus' arraignment was scheduled for Oct. 22, but later postponed until Oct. 26 so he could appear via teleconference in front of Swandal.

The arraignment has again been delayed and won't be held until a judge is in place.

Prosecutors allege that Barkus' blood-alcohol level was twice the legal limit when he piloted his 22-foot boat into the rocky shore of Flathead Lake near Wayfarers State Park.

Glazier, however, is expected to challenge the state's blood-alcohol levels and "adamantly" disagrees with the intoxication that prosecutors allege, according to a statement released earlier this month.

"We have several witnesses that will testify that Mr. Barkus was not impaired at the time of the accident," he said in the statement.

If convicted on all charges, Barkus could face a maximum penalty of up to 30 years in prison and a $70,000 fine.

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com