39-71-2901. Location of office -- court powers -- withdrawal -- substitution. (1) The principal office of the workers' compensation judge must be in the city of Helena.
     (2) The workers' compensation court has power to:
     (a) preserve and enforce order in its immediate presence;
     (b) provide for the orderly conduct of proceedings before it and its officers;
     (c) compel obedience to its judgments, orders, and process in the same manner and by the same procedures as in civil actions in district court;
     (d) compel the attendance of persons to testify; and
     (e) punish for contempt in the same manner and by the same procedures as in district court.
     (3) The workers' compensation judge shall withdraw from all or part of any matter if the judge believes the circumstances make disqualification appropriate. In the case of a withdrawal, the workers' compensation judge shall designate and contract for a substitute workers' compensation judge to preside over the proceeding from the list provided for in subsection (4). The substitute judge must be compensated at the same hourly rate charged by the department of justice agency legal services bureau for the provision of legal services to state agencies. The substitute judge must be reimbursed for travel expenses as provided for in 2-18-501 through 2-18-503. When the substitute judge has accepted jurisdiction, the clerk of the workers' compensation court shall mail a copy of the assumption of jurisdiction to each attorney or party of record. The certificate of service must be attached to the assumption of jurisdiction form in the court file.
     (4) The workers' compensation judge shall maintain a list of persons who are interested in serving as a substitute workers' compensation judge in the event of a recusal by the judge and who prior to being put on the list of potential substitutes have been admitted to the practice of law in Montana for at least 5 years, currently reside in Montana, and have resided in the state for 2 years.

     History: En. 92-850 by Sec. 4, Ch. 537, L. 1975; R.C.M. 1947, 92-850; amd. Sec. 58, Ch. 464, L. 1987; amd. Sec. 1, Ch. 20, L. 2009.