Montana § 37-61-412 Partner Of Public Prosecutor Not To Defend

Montana Statutes

§ 37-61-412 — Partner Of Public Prosecutor Not To Defend

Montana § 37-61-412

Title 37PROFESSIONS AND OCCUPATIONS

Ch. 61ATTORNEYS AT LAW

Part 4Provisions Regulating Practice

This text of Montana § 37-61-412 (Partner Of Public Prosecutor Not To Defend) 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. § 37-61-412 (2026).

Text

37-61-412 . Partner of public prosecutor not to defend. An attorney may not:

(1)directly or indirectly advise concerning, aid, or take any part in the defense of an action or special proceeding, civil or criminal, brought, carried on, aided, advocated, or prosecuted, as attorney general, county attorney, or other public prosecutor, by a person with whom the attorney is interested or connected, either directly or indirectly, as a law partner; or

(2)take or receive, directly or indirectly, from a defendant in a case described in subsection (1) or other person a fee, gratuity, or reward for or upon any cause, consideration, pretense, understanding, or agreement, express or implied, having relation to a case described in subsection (1) or to the prosecution or defense of a case described in

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37-61-412 . Partner of public prosecutor not to defend. An attorney may not:
(1) directly or indirectly advise concerning, aid, or take any part in the defense of an action or special proceeding, civil or criminal, brought, carried on, aided, advocated, or prosecuted, as attorney general, county attorney, or other public prosecutor, by a person with whom the attorney is interested or connected, either directly or indirectly, as a law partner; or
(2) take or receive, directly or indirectly, from a defendant in a case described in subsection (1) or other person a fee, gratuity, or reward for or upon any cause, consideration, pretense, understanding, or agreement, express or implied, having relation to a case described in subsection (1) or to the prosecution or defense of a case described in subsection (1).

Legislative History

En. Sec. 409, C. Civ. Proc. 1895; re-en. Sec. 6401, Rev. C. 1907; re-en. Sec. 8984, R.C.M. 1921; Cal. Pen. C. Sec. 162; re-en. Sec. 8984, R.C.M. 1935; R.C.M. 1947, 93-2111; amd. Sec. 1438, Ch. 56, L. 2009.