Montana AG Opinions, 2002

Mont Code Ann. § 3-5-901(4) specifically limits state payment of costs for court-appointed counsel for indigent criminal defendants to district court criminal cases.

The loss of hunting, fishing, and trapping privileges that occurs upon a guilty plea, conviction, or forfeiture of bail of a fish and game violation is a direct consequence of that violation. A Judge must inform an individual accused of a fish and game violation of the potential forfeiture of fishing, hunting, and trapping privileges as a result of conviction, guilty plea, or forfeiture of bond in order to assure that a “knowing” plea is entered. Notification regarding loss of hunting, fishing, and trapping privileges is, by statute, to be done by the Department of Fish, Wildlife, and Parks.

Boards of County Commissioners have a duty to accept and pay claims for actual and necessary clerical expenses associated with the operation of justice court. The procedural rule adopted in State ex rel. Browman v. Wood, 168 Mont. 341, 543 P.2d 184 (1975) applies to disputes between Justices of the Peace and Boards of County Commissioners regarding payment of actual and necessary expenses.

The Montana Constitution and Montana law authorize a municipal court judge to release a defendant on a time-pay bail bond, defined as a bond in an amount set by the judge to be paid in installments.

The two-year residency requirement contained in Mont. Code Ann. § 7-4-2104(2) does not disqualify from standing for election a person who was transferred into a county commission district by virtue of reapportionment conducted pursuant to Mont. Code Ann. § 7-4-2102, as long as the person has resided at the same address, now in the new district, for the requisite two-year period.

The county commissioners are generally obligated to fund the library budget submitted by the library board within the limits set by Mont. Code Ann. § 15-10-420. The county has the power to enter an interlocal agreement under which it could bind itself to fund the library budget as submitted by the library board under Mont. Code Ann. § 22-1-309(1).

The President of the Senate and the Speaker of the House are prohibited by article V, section 9 of the Montana Constitution and by Mont Code Ann. § 5-2-104 from appointing a legislator as a member of the Board of Review as provided by Mont Code Ann. § 30-16-302. Designating a legislator as a nonvoting member does not circumvent this prohibition. Under Mont. Code Ann. § 30-16-301, the President and the Speaker can appoint a nonlegislator as a member of the Board.

An elementary school district that has not operated a school for three consecutive school years has been abandoned pursuant to Mont. Code Ann. § 20-6-209 and may not petition to reopen the school under Mont. Code Ann. § 20-6-502.