Montana § 16-12-115 Appointment Of Judge

Montana Statutes

§ 16-12-115 — Appointment Of Judge

Montana § 16-12-115

Title 16ALCOHOL, TOBACCO, AND MARIJUANA

Ch. 12MARIJUANA REGULATION AND TAXATION

Part 1General Provisions

This text of Montana § 16-12-115 (Appointment Of Judge) 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. § 16-12-115 (2026).

Text

16-12-115 . Appointment of judge.

(1)A petition for expungement or resentencing of a marijuana conviction filed as provided in 16-12-113 may be determined by a judge pro tempore or special master, who must be a member of the bar of the state, agreed on in writing by the petitioner and the county attorney, appointed by the supreme court as provided in 3-5-115 , and sworn to determine whether the petitioner meets the criteria for expungement or resentencing as provided in 16-12-113 . On appointment, the individual must be designated as the decriminalized marijuana conviction expungement judge.

(2)A judge appointed under subsection (1) has the authority and power of an elected district court judge in the civil action involving petitions filed as provided in 16-12-113 . All proceedings must

Free access — add to your briefcase to read the full text and ask questions with AI

16-12-115 . Appointment of judge. (1) A petition for expungement or resentencing of a marijuana conviction filed as provided in 16-12-113 may be determined by a judge pro tempore or special master, who must be a member of the bar of the state, agreed on in writing by the petitioner and the county attorney, appointed by the supreme court as provided in 3-5-115 , and sworn to determine whether the petitioner meets the criteria for expungement or resentencing as provided in 16-12-113 . On appointment, the individual must be designated as the decriminalized marijuana conviction expungement judge.
(2) A judge appointed under subsection (1) has the authority and power of an elected district court judge in the civil action involving petitions filed as provided in 16-12-113 . All proceedings must be conducted in accordance with the rules of evidence and procedure governing district courts.
(3) Any determination rendered in a petition by the judge has the same force and effect as if determined by the district court with the regular judge presiding.
(4) A party stipulating to have a petition determined by the judge appointed under subsection (1) may not file a motion for substitution of the judge pursuant to 3-1-804 .
(5) All filings relating to a petition filed as provided in 16-12-113 must be filed with the clerk of court in the judicial district in which the marijuana conviction took place. The applicant and the county attorney shall provide a copy of each filing to the judge appointed as provided in subsection (1).