Malta judge takes over Barkus case
An Eastern Montana judge has been selected 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 on board.
District Court Judge John McKeon of Malta was assigned to the case Monday, according to court papers.
McKeon, a judge in the three-county 17th Judicial District, was selected after attorneys in the case rejected previous candidates to preside over future hearings.
McKeon will set his own dates for future hearings, which could take place either in person or electronically, according to Flathead County District Court officials.
Last month, Flathead County prosecutors requested the removal of District Court Judge William Nels Swandal, of Livingston, and Kalispell defense attorney Todd Glazier requested the removal of District Court Judge Kim Christopher of Polson.
By statute, prosecutors and defense attorneys each are given one opportunity to request the substitution of the assigned judge without giving cause.
Barkus, R-Kalispell, has pleaded not guilty to one count of criminal endangerment and two counts of negligent vehicular assault in connection with the Aug. 27 boat crash on Flathead Lake that injured Barkus and four other people, including U.S. Rep. Denny Rehberg.
Prosecutors allege that Barkus' blood-alcohol level was twice the legal limit when he piloted his boat into the rocky shore of Flathead Lake near Wayfarers State Park.
Glazier, however, has challenged the state's blood-alcohol levels and said he has witnesses to testify that Barkus was not impaired.
Flathead County District Court Judge Stewart E. Stadler approached Swandal, then Christopher, and finally McKeon to take the case after Flathead County's three District Court judges removed themselves to avoid any appearance of impropriety.
During Barkus' Oct. 26 arraignment in front of Christopher, Glazier's motion to allow Swandal to pick his own successor - rather than the Flathead County judge to whom it initially was assigned - was rejected.
If convicted on all charges, Barkus, 62, could face a maximum penalty of up to 30 years in prison and a $70,000 fine.