Whether the potential for bias and lack of impartiality when a judge makes probable cause determinations and presides over all proceedings in a felony prosecution by information violates due process

QUESTION(S) PRESENTED The unconstitutional potential for bias and judge recusal when a ‘ felony is prosecuted by an information under state law when the same judge makes the probable cause determination in search warrant and probable cause determination in prosecution by an information and presides over all pretrial proceedings and trial and sentencing. ¢ The Montana Supreme Court and the United States District Court for the District of Montana has decided an important question of federal law that has not been, but should be, settled by this court.