Mont. Code Ann. » TITLE 37. PROFESSIONS AND OCCUPATIONS · CHAPTER 61. ATTORNEYS AT LAW · Part 4. Provisions Regulating Practice
Montana Code Annotated

Mont. Code Ann. § 37-61-413 (2026)

Former Public Prosecutors Not To Defend

✓ laws through the 2025 session (checked Sept. 2026)
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 37
  3. CHAPTER 61
  4. Part 4
  5. 37-61-413 Former public prosecutors not to defend

TITLE 37. PROFESSIONS AND OCCUPATIONS

CHAPTER 61. ATTORNEYS AT LAW

Part 4. Provisions Regulating Practice

Former Public Prosecutors Not To Defend

37-61-413. Former public prosecutors not to defend. An attorney and counselor who has brought, carried on, aided, advocated, or prosecuted or has been in anywise connected with an action or special proceeding, civil or criminal, as attorney general, county attorney, or other public prosecutor, must not, at any time thereafter, directly or indirectly advise concerning, aid, or take any part in the defense thereof; or take or receive, either directly or indirectly, from a defendant therein or other person a fee, gratuity, or reward for or upon any cause, consideration, pretense, understanding, or agreement, either express or implied, having relation thereto or to the prosecution or defense thereof.

History: En. Sec. 410, C. Civ. Proc. 1895; re-en. Sec. 6402, Rev. C. 1907; re-en. Sec. 8985, R.C.M. 1921; Cal. Pen. C. Sec. 162; re-en. Sec. 8985, R.C.M. 1935; R.C.M. 1947, 93-2112.

Notes of Decisions
Cited in 2 cases, 2004–2006 · leading case: Hendricks v. State, 2006 MT 22, 128 P.3d 1017.
Sort: Relevance Newest Treatment
Hendricks v. State, 2006 MT 22, 128 P.3d 1017. · cites it 14× “5, Thurston cited to it, along with § 37-61-413, MCA, arguing that defense counsel should not have represented him after supposedly gaining knowledge of his case through counsel's former employment as a Deputy Cascade County Attorney.”
Thurston v. State, 2004 MT 142, 91 P.3d 1259. · cites it 7× “In addition, Thurston directs us to § 37-61-413, MCA, which states: Former public prosecutors not to defend.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.