Pretrial Decisions—Recusal

"It appears we have never determined the appropriate standard of review for the question of whether a judge should have recused himself.  In general, interpretation of laws such as constitutional and statutory provisions, are matters of law we review de novo.  Reichert v. State, 2012 MT 111, ¶ 19, 365 Mont. 92, 278 P.3d 455.  Since a judge's disqualification decision is directed by the Montana Code of Judicial Conduct, the decision relies on an accurate interpretation of the Code's provisions.  Moreover, as other courts have recognized, an appellate court's inquiry into disqualification requires an objective examination of the circumstances surrounding a request for recusal.  See, e.g., Powell v. Anderson, 660 N.W.2d 107, 116 (Minn. 2003) (adopting a de novo standard of review and noting that the objective inquiry required in disqualification claims 'displaces any deference that might otherwise be paid to the challenged judge's decision to not recuse').  For those reasons, we will review a judge's disqualification decision de novo, determining whether the lower court's decision not to recuse was correct under the Montana Code of Judicial Conduct."  State v. Dunsmore, 2015 MT 108, ¶ 10, 378 Mont. 514, 347 P.3d 1220.