Mont. Code Ann. » TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION · CHAPTER 15. EXECUTIVE BRANCH OFFICERS AND AGENCIES · Part 5. Attorney General
Montana Code Annotated

Mont. Code Ann. § 2-15-501 (2026)

General Duties

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  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 15
  4. Part 5
  5. 2-15-501 General duties

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 15. EXECUTIVE BRANCH OFFICERS AND AGENCIES

Part 5. Attorney General

General Duties

2-15-501. General duties. It is the duty of the attorney general:

(1) to prosecute or defend all causes in the supreme court in which the state or any officer of the state in the officer's official capacity is a party or in which the state has an interest;

(2) to represent the state in all bankruptcy proceedings in which the state's interest may be affected and in other debt collection proceedings at the request of a state agency;

(3) after judgment in any of the causes referred to in subsections (1) and (2), to direct the issuing of a process as may be necessary to carry the judgment into execution;

(4) to keep a register of all cases prosecuted or defended by the attorney general. The register must be open to the inspection of the public during business hours. The attorney general shall deliver the register to the attorney general's successor in office.

(5) to exercise supervisory powers over county attorneys in all matters pertaining to the duties of their offices and from time to time require of them reports as to the condition of public business entrusted to their charge. The supervisory powers granted to the attorney general by this subsection include the power to order and direct county attorneys in all matters pertaining to the duties of their office. The county attorney shall, when ordered or directed by the attorney general, 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.

(6) when required by the public service or directed by the governor, to assist the county attorney of any county in the discharge of the county attorney's duties or to prosecute or defend appropriate cases in which the state or any officer of the state in the officer's official capacity is a party or in which the state has an interest;

(7) to give an opinion in writing, without fee, to the legislature or either house of the legislature, to any state officer, board, or commission, to any county attorney, to the city attorney of any city or town, or to the board of county commissioners of any county of the state when required upon any question of law relating to their respective offices. The attorney general shall give the opinion within 3 months following the date that it is requested unless the attorney general certifies in writing to the requesting party that the question is of sufficient complexity to require additional time. If an opinion issued by the attorney general conflicts with an opinion issued by a city attorney, county attorney, or an attorney employed or retained by any state officer, board, commission, or department, the attorney general's opinion is controlling unless overruled by a state district court or the supreme court.

(8) to discharge the duties of a member of the board of examiners and state board of land commissioners;

(9) to perform all other duties as required by law.

History: (1) thru (12)Ap. p. Sec. 460, Pol. C. 1895; re-en. Sec. 193, Rev. C. 1907; re-en. Sec. 199, R.C.M. 1921; Cal. Pol. C. Sec. 470; re-en. Sec. 199, R.C.M. 1935; amd. Sec. 89, Ch. 199, L. 1965; amd. Sec. 13, Ch. 344, L. 1973; amd. Sec. 1, Ch. 257, L. 1975; amd. Sec. 1, Ch. 118, L. 1977; amd. Sec. 12, Ch. 343, L. 1977; Sec. 82-401, R.C.M. 1947; Ap. p. Sec. 4450, Pol. C. 1895; amd. Sec. 1, p. 76, L. 1899; re-en. Sec. 3052, Rev. C. 1907; re-en. Sec. 4819, R.C.M. 1921; Cal. Pol. C. Sec. 4256; amd. Sec. 1, Ch. 187, L. 1935; re-en. Sec. 4819, R.C.M. 1935; amd. Sec. 1, Ch. 17, L. 1965; Sec. 16-3101, R.C.M. 1947; (13)En. Sec. 1, Ch. 158, L. 1925; re-en. Sec. 199.1, R.C.M. 1935; Sec. 82-402, R.C.M. 1947; R.C.M. 1947, 16-3101(part), 82-401, 82-402; amd. Sec. 5, Ch. 125, L. 1983; amd. Sec. 1, Ch. 691, L. 1991; amd. Sec. 1, Ch. 196, L. 1995; amd. Sec. 1, Ch. 72, L. 1999.

Notes of Decisions
Cited in 19 cases (6 in the last 5 years), 1984–2026 · leading case: W. Tradition P'ship, Inc. v. Attorney Gen., 2011 MT 328, 291 P.3d 545.
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W. Tradition P'ship, Inc. v. Attorney Gen., 2011 MT 328, 291 P.3d 545. · cites it 10× “¶35 In this regard, I note my disagreement with the District Court’s reasoning that this is a case in which the Attorney General was “required to defend the statute.”
State ex rel. Fletcher v. Dist. Court of Nineteenth Jud. Dist., 859 P.2d 992 (Mont. 1993). · cites it 10× “Section 2-15-501, MCA, provides, in pertinent part: It is the duty of the attorney general: .”
Montana Immigrant Just. All. v. Bullock, 2016 MT 104, 371 P.3d 430. · cites it 6× “The legislature certainly does not consider LR 121 moribund, as it was submitted to the voters in 2012.”
State v. Stout, 2010 MT 137, 237 P.3d 37. · cites it 8× “2d 992, 995-96 (1993) (Under § 2-15-501, MCA, "the Attorney General was well within his authority to review the cases against the Petitioners and to direct the Lincoln County Attorney not to use the Tilton evidence.”
Bullock v. Fox, 2019 MT 50, 435 P.3d 1187. · cites it 5× “Opinion) precluding FWP from finalizing conservation easement transactions of more than 100 acres or $ 100,000 in value without the Land Board's final approval. 57 Op. Att'y Gen.”
Orr v. State, 2004 MT 354, 106 P.3d 100. · cites it 3× “, § 199(6), RCM (1921); § 82-401(6), RCM (1947); § 2-15-501, MCA. ¶122 In its rush to do the right thing by the Miners in this case, the Court makes AG’s Opinions not only useless, but dangerous.”
Montana Power Co. v. Montana Dep't of Pub. Serv. Reg., 709 P.2d 995 (Mont. 1985). · cites it 6× “His lawful powers and duties with regard to the state are expressed in two lines of a statute: he must "attend the supreme court and prosecute or defend all cases to which the state or any officer thereof in his official capacity is a party.”
Obert v. State, 2024 MT 270, 558 P.3d 1110. · cites it 9× “the duties of their offices,” to wit: Section 2-15-501(5), MCA: The attorney general has the “duty .”
O'Shaughnessey v. Wolfe, 685 P.2d 361 (Mont. 1984). · cites it 3× “In his opposing argument, O’Shaughnessey marshaled evidence before the District Court that certain taxpayers had indeed made delinquent tax payments on which interest was charged on the basis of the first attorney general’s opinion. An attorney general’s opinion which conflicts…”
State v. Norquay, 2010 MT 85, 233 P.3d 768. · cites it 4× “¶ 38 Because of the parochial practice of the Cascade County Clerk of District Court, Norquay did not get the benefit of being tried by the broad cross section of the community that the Legislature mandated. This error is structural, and Norquay is entitled to a new trial.”
State v. Thibert, 1998 MT 207, 965 P.2d 251. · cites it 2× “See § 2-15-501(7), MCA (AG’s opinions are controlling unless over *413 ruled by a district court or this Court).”
Madison Cnty. v. State ex rel. Pub. Instruction, 1998 MT 285, 968 P.2d 732. · cites it 4× “2d 361, 363 , an attorney general's opinion may bind other government attorneys pursuant to § 2-15-501(7), MCA, however, it has no binding effect on the courts.”
Show all 19 citing cases →
Mont. Code Ann. § 2-15-501(1): 5 cases
W. Tradition P'ship, Inc. v. Attorney Gen., 2011 MT 328, 291 P.3d 545. “¶35 In this regard, I note my disagreement with the District Court’s reasoning that this is a case in which the Attorney General was “required to defend the statute.”
Montana Power Co. v. Montana Dep't of Pub. Serv. Reg., 709 P.2d 995 (Mont. 1985). “His lawful powers and duties with regard to the state are expressed in two lines of a statute: he must "attend the supreme court and prosecute or defend all cases to which the state or any officer thereof in his official capacity is a party.”
Schutter v. Bd. of Land Comm., No. DA 23-0314 (Mont. Sept. 19, 2023).
Matter of Austin Knudsen, 2025 MT 304, 582 P.3d 87.
McDonald v. Jacobsen, 2021 MT 287, 512 P.3d 251.
Mont. Code Ann. § 2-15-501(4): 1 case
State ex rel. Fletcher v. Dist. Court of Nineteenth Jud. Dist., 859 P.2d 992 (Mont. 1993). “Section 2-15-501, MCA, provides, in pertinent part: It is the duty of the attorney general: .”
Mont. Code Ann. § 2-15-501(5): 4 cases
State v. Stout, 2010 MT 137, 237 P.3d 37. “2d 992, 995-96 (1993) (Under § 2-15-501, MCA, "the Attorney General was well within his authority to review the cases against the Petitioners and to direct the Lincoln County Attorney not to use the Tilton evidence.”
Obert v. State, 2024 MT 270, 558 P.3d 1110. “the duties of their offices,” to wit: Section 2-15-501(5), MCA: The attorney general has the “duty .”
Matter of Austin Knudsen, 2025 MT 304, 582 P.3d 87.
Raugust v. Abbey, No. 6:20-cv-00009 (D. Mont. June 29, 2020).
Mont. Code Ann. § 2-15-501(6): 1 case
Obert v. State, 2024 MT 270, 558 P.3d 1110. “the duties of their offices,” to wit: Section 2-15-501(5), MCA: The attorney general has the “duty .”
Mont. Code Ann. § 2-15-501(7): 7 cases
Montana Immigrant Just. All. v. Bullock, 2016 MT 104, 371 P.3d 430. “The legislature certainly does not consider LR 121 moribund, as it was submitted to the voters in 2012.”
Bullock v. Fox, 2019 MT 50, 435 P.3d 1187. “Opinion) precluding FWP from finalizing conservation easement transactions of more than 100 acres or $ 100,000 in value without the Land Board's final approval. 57 Op. Att'y Gen.”
O'Shaughnessey v. Wolfe, 685 P.2d 361 (Mont. 1984). “In his opposing argument, O’Shaughnessey marshaled evidence before the District Court that certain taxpayers had indeed made delinquent tax payments on which interest was charged on the basis of the first attorney general’s opinion. An attorney general’s opinion which conflicts…”
State v. Norquay, 2010 MT 85, 233 P.3d 768. “¶ 38 Because of the parochial practice of the Cascade County Clerk of District Court, Norquay did not get the benefit of being tried by the broad cross section of the community that the Legislature mandated. This error is structural, and Norquay is entitled to a new trial.”
State v. Thibert, 1998 MT 207, 965 P.2d 251. “See § 2-15-501(7), MCA (AG’s opinions are controlling unless over *413 ruled by a district court or this Court).”
Mont. Code Ann. § 2-15-501(8): 1 case
Matter of Austin Knudsen, 2025 MT 304, 582 P.3d 87.
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