Montana § 77-1-114 Prosecutions

Montana Statutes

§ 77-1-114 — Prosecutions

Montana § 77-1-114

Title 77STATE LANDS

Ch. 1ADMINISTRATION OF STATE LANDS

Part 1General Provisions

This text of Montana § 77-1-114 (Prosecutions) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 77-1-114 (2026).

Text

77-1-114 . Prosecutions.

(1)Whenever an arrest is made for any violation of the provisions of this title or whenever any information of a violation is given to the the county attorney of the county in which this act was committed, the county attorney shall prosecute the offender or offenders if in the county attorney's judgment the facts warrant the prosecution.

(2)If a county attorney fails to comply with the provisions of this section, the county attorney is guilty of a misdemeanor and, upon conviction, shall be fined not less than $100 or more than $1,000. Upon the county attorney's conviction, the district court in which the county attorney is convicted shall declare the county attorney's office vacant and notify the proper appointing power. Actions against the county attorney must b

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77-1-114 . Prosecutions. (1) Whenever an arrest is made for any violation of the provisions of this title or whenever any information of a violation is given to the the county attorney of the county in which this act was committed, the county attorney shall prosecute the offender or offenders if in the county attorney's judgment the facts warrant the prosecution.
(2) If a county attorney fails to comply with the provisions of this section, the county attorney is guilty of a misdemeanor and, upon conviction, shall be fined not less than $100 or more than $1,000. Upon the county attorney's conviction, the district court in which the county attorney is convicted shall declare the county attorney's office vacant and notify the proper appointing power. Actions against the county attorney must be brought by the attorney general in the name of the state.
(3) The penalties of this section also apply to any magistrate with proper authority who refuses or neglects to cause the arrest and prosecution of any person when a complaint under oath of a violation of any of the provisions of this title has been lodged with the magistrate.

Legislative History

En. Sec. 17, Ch. 147, L. 1909; re-en. Sec. 1839, R.C.M. 1921; re-en. Sec. 1839, R.C.M. 1935; R.C.M. 1947, 81-1416; amd. Sec. 3, Ch. 15, L. 1979; amd. Sec. 2538, Ch. 56, L. 2009.