Montana Code Annotated

Mont. Code Ann. § 46-8-201 (2026)

Repealed

✓ current as of May 2026
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TITLE 46. CRIMINAL PROCEDURE

CHAPTER 8. RIGHT TO COUNSEL

Part 2. Compensation of Assigned Counsel (Repealed)

Repealed

46-8-201. Repealed. Secs. 74, 80(2), Ch. 449, L. 2005.

History: En. 95-1005 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 186, L. 1973; amd. Sec. 1, Ch. 15, L. 1974; amd. Sec. 9, Ch. 184, L. 1977; R.C.M. 1947, 95-1005; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 2, Ch. 295, L. 1985; amd. Sec. 10, Ch. 680, L. 1985; amd. Sec. 8, Ch. 1, Sp. L. 1985; amd. Sec. 7, Ch. 704, L. 1991; amd. Sec. 70, Ch. 800, L. 1991; amd. Sec. 9, Ch. 262, L. 1993; amd. Sec. 40, Ch. 585, L. 2001.

Notes of Decisions
Cited in 6 cases, 1979–2004 · leading case: Ake v. Oklahoma, 470 U.S. 68 (1985).
Ake v. Oklahoma, 470 U.S. 68 (1985). · cites it 2× “1984); Mont. Code Ann. § 46-8-201 (1983); State v.”
State v. Yarns, 826 P.2d 543 (Mont. 1992). · cites it 10× “II Did the District Court err in ordering the fees of appointed defense counsel to be paid by the Montana Department of Fish, Wildlife and Parks? In its order dismissing the State's appeal and remanding the case to the Justice Court, the District Court cited § 46-8-201, MCA…”
State v. Allies, 597 P.2d 64 (Mont. 1979). · cites it 3× “1947, now section 46-8-201 MCA, states: *325 “Renumeration of appointed counsel.”
State v. Boyken, 637 P.2d 1193 (Mont. 1981). · cites it 3× “To determine whether the District Court abused its discretion in limiting Bottomly’s fees to $1,000 it is necessary to refer to section 46-8-201(1), MCA. It provides: “Whenever in a criminal proceeding an attorney represents or defends any person by order of the court on the…”
State v. McKenzie, 608 P.2d 425 (Mont. 1979). · cites it 2× “The pertinent statute involved in this issue is section 46-8-201 (1), MCA: “Remuneration of appointed counsel.”
In re N.V., 2004 MT 80 (Mont. 2004). · cites it 2× “argues that, pursuant to the remuneration of appointed counsel statute, § 46-8-201, MCA, his counsel is entitled to receive reimbursement for the reasonable costs of travel to visit him at Pine Hills.”
— Mont. Code Ann. § 46-8-201(1) — 1 case
State v. Boyken, 637 P.2d 1193 (Mont. 1981). “To determine whether the District Court abused its discretion in limiting Bottomly’s fees to $1,000 it is necessary to refer to section 46-8-201(1), MCA. It provides: “Whenever in a criminal proceeding an attorney represents or defends any person by order of the court on the…”
— Mont. Code Ann. § 46-8-201(2)(b) — 1 case
State v. Yarns, 826 P.2d 543 (Mont. 1992). “II Did the District Court err in ordering the fees of appointed defense counsel to be paid by the Montana Department of Fish, Wildlife and Parks? In its order dismissing the State's appeal and remanding the case to the Justice Court, the District Court cited § 46-8-201, MCA…”
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