2-2-101. Statement of purpose. The purpose of this part is to set forth a code of ethics prohibiting conflict between public duty and private interest as required by the constitution of Montana. This code recognizes distinctions between judges, legislators, judicial officers, other officers and employees of state government, and officers and employees of local government and prescribes some standards of conduct common to all categories and some standards of conduct adapted to each category. The provisions of this part recognize that some actions are conflicts per se between public duty and private interest while other actions may or may not pose such conflicts depending upon the surrounding circumstances.
Montana Code Annotated
Mont. Code Ann. § 2-2-101 (2026)
Statement Of Purpose
✓ current as of May 2026
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TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION
CHAPTER 2. STANDARDS OF CONDUCT
Part 1. Code of Ethics
Statement Of Purpose
History: En. 59-1701 by Sec. 1, Ch. 569, L. 1977; R.C.M. 1947, 59-1701; amd. Sec. 2, Ch. 440, L. 2023.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1985–2024 · leading case: Molnar v. Fox, 2013 MT 132 (Mont. 2013).
Molnar v. Fox, 2013 MT 132 (Mont. 2013). “569, §§ 1-11 (codified at §§ 2-2-101, MCA through 2-2-304, MCA). The Code recognizes that public confidence in the integrity of state officials, legislators and state employees is paramount to the overall effectiveness and legitimacy of the government.”
Fish v. Trap Free Mont. Pub. Lands, 417 P.3d 1100 (Mont. 2018). “the passage of a ballot issue," unless such use is authorized by law or properly incidental to another activity required or authorized by law. Section 2-2-121(3)(a), MCA.”
Obert v. State, 2024 MT 270 (Mont. 2024). “4 In lieu of prosecution, the Assistant Attorney General entered into a deferred prosecution agreement5 with Obert, as negotiated with her counsel, which required her to: (1) repay a specified sum to the county for previously paid salary “in excess of her statutory” county…”
Montana Dep't of Corr. v. State, 2006 MT 298 (Mont. 2006). “Section 2-2-101, MCA, the statement of purpose section for the code of ethics for public employees, provides in part: “provisions of this part recognize that some actions are conflicts per se between public duty and private interest while other action may or may not pose such…”
Mountain States Ins. v. State Ex Rel. Bd. of Hail Ins., 708 P.2d 564 (Mont. 1985). “” When the Code of Ethics was passed by the legislature, a statement of purpose was enacted in section 2-2-101, MCA. “The purpose of this part is to set forth a code of ethics prohibiting conflict between public duty and private interest as required by the constitution of…”
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