North Central Judicial District Presiding Judge Gary Lee has asked that a judge from outside the North Central Judicial District be assigned to hear child abuse and child neglect charges against Brent Castleman, 51.

Lee had recused himself from the case on Monday because he had heard Castleman’s recent divorce action. Lee assigned the case to Judge Doug Mattson, who had previously dismissed two Class C felony child abuse charges against Castleman in August. At that time, Mattson had ordered that the state first seek permission before it refiled the charges unless it first convened a grand jury and subsequently filed an indictment.

Ward County Assistant State’s Attorney Christopher Nelson filed a demand for a change of judge on Monday afternoon so that Mattson would not hear the charges in the new case. Castleman’s defense attorneys, Robert Ackre and Kyle Craig, filed a written motion opposing a change of judge.

Ackre and Craig wrote that Nelson demanded a change of judge “purely to circumvent Judge Mattson’s order” in the previous case. Ackre and Craig wrote that the state had asked for those charges to be dismissed in August just so they could circumvent Castleman’s assertion of his right to a speedy trial.

Lee wrote in his order that he reviewed the complaint in the case that was dismissed in August and “it does appear that there is an overlap, to a degree, in the allegations from the earlier case,” but “there are new allegations contained in the new Complaints not included in (the previous case.)”

Lee wrote that he does not condone “judge shopping” but still finds that Nelson made the demand for a change of judge in a timely manner, it was not to cause a delay, and Mattson had not yet ruled in the new case.

Lee also noted that all of the judges in the North Central district have now recused themselves from hearing any cases involving Castleman.

Castleman is being held without bond at the Ward County Jail until he can have an initial appearance before the new appointed judge.

In the new case, Castleman is charged with one Class B felony child abuse charge, five Class C felony child abuse charges and four Class C felony child neglect charges.