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Barkus requests new judge

NICHOLAS LEDDEN | Hagadone News Network | UPDATED 15 years AGO
by NICHOLAS LEDDEN
| October 28, 2009 2:00 AM

Yet another judge must be found to preside over court proceedings against state Sen. Greg Barkus, who is charged with three felonies in connection with an August boat crash that injured everyone onboard.

Barkus' attorney, Todd Glazier of Kalispell, has requested the removal of Lake County District Court Judge Kim Christopher, but court papers filed in the case listed no reason.

Prosecutors and defense attorneys each have opportunity to request the substitution of the assigned judge without giving cause.

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

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.

Christopher was assigned to the case after the Flathead County Attorney's Office requested the removal of District Court Judge William Nels Swandal of Livingston.

Swandal had been enlisted to preside over the legal proceedings after Flathead County's three District Court judges removed themselves to avoid any appearance of impropriety.

Glazier, who could not be reached Tuesday for comment, filed the request to remove Christopher after Barkus appeared before Christopher on Monday morning and pleaded not guilty to all three charges.

Also during Monday's brief proceedings, Christopher denied a motion filed by Glazier last week contending that the presiding judge should have been appointed by Swandal when he was removed from the case, rather than the Flathead County judge to whom it initially was assigned.

Christopher ruled that Flathead County District Court Judge Stewart E. Stadler had original jurisdiction and therefore had authority to appoint her to the case.

If convicted on all charges, Barkus, 62, 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

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