County Attorney
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Valley County Attorney's Office
County Attorney: DYLAN JENSEN
501 Court Square Box 20
Glasgow, MT 59230
Phone: 406-228-6286 FAX: 406-228-9027
Duties and Powers of County Attorney
Legal Research Links
The core of the duties and powers of the
County Attorney are provided in Title 7, Chapter 4, Part 27 of the
Montana Code. Following are pertinent sections from that Part:
7-4-2711.
County attorney to be legal adviser of county and other
subdivisions. (1) The county attorney is the legal adviser of
the board of county commissioners. He must attend their meetings
when required and must attend and oppose all claims and accounts
against the county which are unjust or illegal. He must defend all
suits brought against his county.
(2) The county attorney must:
(a) give, when required and without fee, his opinion in writing
to the county, district, and township officers on matters relating
to the duties of their respective offices;
(b) act as counsel, without fee, for fire districts and fire
service areas in unincorporated territories, towns, or villages
within his county;
(c) when requested by a conservation district pursuant to
76-15-319, act as counsel, without fee;
(d) when requested by a weed district pursuant to 7-22-2103,
act as counsel, without fee; and
(e) when requested by a county hospital board pursuant to
7-34-2115, act as counsel, without fee, unless the legal action
requested involves the county commissioners.
7-4-2712.
Prosecutorial duties. The county attorney is the public prosecutor
and must:
(1) institute proceedings before magistrates for the arrest of
persons charged with or reasonably suspected of public offenses when he
has information that such offenses have been committed and for that
purpose, whenever not otherwise officially engaged, must attend upon the
magistrate in cases of arrest and attend before and give advice to the
grand jury whenever cases are presented to them for their consideration;
(2) draw all indictments and information.
7-4-2713.
Actions to recover money. The county attorney must prosecute all
recognizance's forfeited in the courts of record and all actions for the
recovery of debts, fines, penalties, and forfeitures accruing to the
state or his county.
7-4-2716.
Duties related to state matters. The county attorney must:
(1) attend the district court and conduct, on behalf of the state,
all prosecutions for public offenses and represent the state in all
matters and proceedings to which it is a party or in which it may be
beneficially interested, at all times and in all places within the
limits of his county;
(2) when ordered or directed by the attorney general to do so,
promptly institute and diligently prosecute in the proper court and in
the name of the state of Montana any criminal or civil action or special
proceeding;
(3) defend all suits brought against the state.
A final section in Part 27 provides:
7-4-2717.
Other duties. The county attorney must perform such other duties as
are prescribed by law.
The phrase, "prescribed by law" in that section refers
to additional duties scattered throughout the rest of the Montana Code.
As one example, Section 25-1-1106 provides duties of the County Attorney
regarding revocation or suspension of certificates of registration of
registered process servers, as follows:
25-1-1106.
Revocation or suspension of certificate. (1) A certificate of
registration of a registered process server may be revoked or suspended
by the county attorney of the county of registration whenever the
registrant makes a service of process not complying with the law.
(2) The county attorney may conduct an investigation concerning the
revocation or suspension of a certificate based on the complaint of a
person alleging injury caused by improper service of process by the
registrant.
(3) The county attorney shall notify the clerk of the district
court when a certificate of registration is suspended, revoked, or
reinstated.
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