BREAKING NEWS Polson judge to hear Barkus case

KALISPELL — A Polson judge will preside over further court proceedings against state Sen. Greg Barkus, who is charged with three felonies in connection with an August boat crash.

Lake County District Court Judge Kim Christopher’s office confirmed Wednesday that Barkus, R-Kalispell, will be arraigned before her Monday at the Flathead County Justice Center.

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 Barkus and four passengers, including U.S. Rep. Denny Rehberg. 

Christopher is the second judge outside Flathead County to be given the case.

Prosecutors filed court documents last week requesting that District Court Judge William Nels Swandal of Livingston be removed, but court documents listed no reason.

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.

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

Todd Glazier of Kalispell, the attorney for Barkus, has 10 days to submit his own request for a new judge.

Glazier, who can file that request either before or after the arraignment, did not return calls Wednesday for comment.

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.

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