reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 5. Contempts › 3-1-518. Hearing on contempt not committed in immediate view and presence of court or judge at chambers

3-1-518. Hearing on contempt not committed in immediate view and presence of court or judge at chambers.
(1) When a person arrested for a contempt not committed in the immediate view and presence of the court or judge at chambers has been brought up or appeared, the court or judge shall proceed to investigate the charge, shall schedule and hold a hearing on any answer that the person arrested may make to the charge, and may examine witnesses for or against the person, for which an adjournment may be had from time to time, if necessary. The judge investigating the charge and scheduling and presiding over the hearing may not be the judge against whom the contempt was allegedly committed, except that if the contempt arose from the violation of an order of the court issued after a hearing on the merits of the subject of the order, the judge who issued the order may punish the contempt or compel compliance with the order unless it is shown that the judge would not be impartial in addressing the contempt.
(2) The charged person must be given a reasonable opportunity to obtain counsel and prepare a defense or explanation prior to the hearing. The charged person may testify and call witnesses at the hearing.
History: En. Sec. 399, p. 126, Bannack Stat.; amd. Sec. 462, p. 227, L. 1867; re-en. Sec. 538, p. 145, Cod. Stat. 1871; re-en. Sec. 572, p. 187, L. 1877; re-en. Sec. 572, 1st Div. Rev. Stat. 1879; re-en. Sec. 590, 1st Div. Comp. Stat. 1887; re-en. Sec. 2178, C. Civ. Proc. 1895; re-en. Sec. 7317, Rev. C. 1907; re-en. Sec. 9916, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1217; re-en. Sec. 9916, R.C.M. 1935; R.C.M. 1947, 93-9809; amd. Sec. 4, Ch. 496, L. 2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 5. Contempts › 3-1-519. Repealed

3-1-519. Repealed.
Sec. 8, Ch. 496, L. 2001.
History: En. Sec. 463, p. 227, L. 1867; re-en. Sec. 539, p. 145, Cod. Stat. 1871; re-en. Sec. 573, p. 188, L. 1877; re-en. Sec. 573, 1st Div. Rev. Stat. 1879; re-en. Sec. 591, 1st Div. Comp. Stat. 1887; amd. Sec. 2179, C. Civ. Proc. 1895; re-en. Sec. 7318, Rev. C. 1907; re-en. Sec. 9917, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1218; re-en. Sec. 9917, R.C.M. 1935; R.C.M. 1947, 93-9810.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 5. Contempts › 3-1-520. Penalty to compel performance

3-1-520. Penalty to compel performance.
When the sanction imposed for a contempt seeks to compel the contemnor to perform an act that is in the power of the contemnor to perform, the contemnor may be incarcerated, subjected to a fine in an amount not to exceed $500, or both, until the contemnor has performed the act. The act must be specified in the warrant of commitment.
History: En. Sec. 400, p. 126, Bannack Stat.; re-en. Sec. 464, p. 227, L. 1867; re-en. Sec. 540, p. 146, Cod. Stat. 1871; re-en. Sec. 574, p. 188, L. 1877; re-en. Sec. 574, 1st Div. Rev. Stat. 1879; re-en. Sec. 592, 1st Div. Comp. Stat. 1887; re-en. Sec. 2180, C. Civ. Proc. 1895; re-en. Sec. 7319, Rev. C. 1907; re-en. Sec. 9918, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1219; re-en. Sec. 9918, R.C.M. 1935; R.C.M. 1947, 93-9811; amd. Sec. 5, Ch. 496, L. 2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 5. Contempts › 3-1-521. Proceedings when party fails to appear

3-1-521. Proceedings when party fails to appear.
When the warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or judge may issue another warrant of arrest or may order the undertaking to be prosecuted, or both. If the undertaking be prosecuted, the measure of damages in the action is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued and the costs of the proceeding.
History: En. Sec. 467, p. 227, L. 1867; re-en. Sec. 542, p. 146, Cod. Stat. 1871; re-en. Sec. 576, p. 188, L. 1877; re-en. Sec. 576, 1st Div. Rev. Stat. 1879; re-en. Sec. 594, 1st Div. Comp. Stat. 1887; re-en. Sec. 2181, C. Civ. Proc. 1895; re-en. Sec. 7320, Rev. C. 1907; re-en. Sec. 9919, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1220; re-en. Sec. 9919, R.C.M. 1935; R.C.M. 1947, 93-9812.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 5. Contempts › 3-1-522. Illness sufficient excuse -- confinement under arrest

3-1-522. Illness sufficient excuse -- confinement under arrest.
(1) Whenever an officer is required to keep a person arrested on a warrant of attachment in custody and to bring the person before a court or judge, the inability, from illness or otherwise, of the person to attend is sufficient excuse for not bringing the person before the court or judge.
(2) The officer may not confine a person arrested upon a warrant in a prison or otherwise restrain the person of personal liberty, except to the extent necessary to secure the person's personal attendance.
History: En. Sec. 467, p. 227, L. 1867; re-en. Sec. 543, p. 146, Cod. Stat. 1871; re-en. Sec. 577, p. 188, L. 1877; re-en. Sec. 577, 1st Div. Rev. Stat. 1879; re-en. Sec. 595, 1st Div. Comp. Stat. 1887; re-en. Sec. 2182, C. Civ. Proc. 1895; re-en. Sec. 7321, Rev. C. 1907; re-en. Sec. 9920, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1221; re-en. Sec. 9920, R.C.M. 1935; R.C.M. 1947, 93-9813; amd. Sec. 138, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 5. Contempts › 3-1-523. Judgment and orders in contempt cases final -- family law exception

3-1-523. Judgment and orders in contempt cases final -- family law exception.
(1) The judgment and orders of the court or judge made in cases of contempt are final and conclusive. Except as provided in subsection (2), there is no appeal, but the action of a district court or judge can be reviewed on a writ of certiorari by the supreme court or a justice of the supreme court and the action of a justice of the peace or other court of limited jurisdiction can be reviewed by the district court or judge of the county in which the justice or judge of the court of limited jurisdiction resides.
(2) A party may appeal a contempt judgment or order in a family law proceeding only when the judgment or order appealed from includes an ancillary order that affects the substantial rights of the parties involved.
History: En. Sec. 468, p. 228, L. 1867; amd. Sec. 544, p. 146, Cod. Stat. 1871; re-en. Sec. 578, p. 188, L. 1877; re-en. Sec. 578, 1st Div. Rev. Stat. 1879; re-en. Sec. 596, 1st Div. Comp. Stat. 1887; en. Sec. 2183, C. Civ. Proc. 1895; re-en. Sec. 7322, Rev. C. 1907; re-en. Sec. 9921, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1222; re-en. Sec. 9921, R.C.M. 1935; R.C.M. 1947, 93-9814; amd. Sec. 6, Ch. 466, L. 1979; amd. Sec. 1, Ch. 136, L. 2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 6. Restrictions on Judicial Officers › 3-1-601. Certain officers not to practice law or administer estates

3-1-601. Certain officers not to practice law or administer estates.
(1) Except as provided in 3-1-604 and except for a judge pro tempore, a justice or judge of a court of record or clerk of any court may not practice law in any court in this state or act as attorney, agent, or solicitor in the prosecution of any claim or application for lands, pensions, or patent rights or other proceedings before any department of the state or general government or any court of the United States during the justice's or judge's continuance in office.
(2) The court administrator or an assistant may not practice law in any of the courts of this state while holding that position.
(3) A justice or judge of a court of record, except a judge pro tempore, may not act as administrator or executor of any estate for compensation.
History: (1), (3)En. Secs. 454, 455, p. 134, Bannack Stat.; re-en. Secs. 611, 612, p. 159, Cod. Stat. 1871; re-en. Secs. 531, 532, p. 179, L. 1877; re-en. Secs. 531, 532, 1st Div. Rev. Stat. 1879; re-en. Secs. 548, 549, 1st Div. Comp. Stat. 1887; re-en. Sec. 181, C. Civ. Proc. 1895; re-en. Sec. 6316, Rev. C. 1907; re-en. Sec. 8869, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 171; re-en. Sec. 8869, R.C.M. 1935; amd. Sec. 1, Ch. 23, L. 1963; Sec. 93-902, R.C.M. 1947; (2)En. 82-511 by Sec. 2, Ch. 396, L. 1977; Sec. 82-511, R.C.M. 1947; R.C.M. 1947, 82-511, 93-902(part); amd. Sec. 4, Ch. 21, L. 1979; amd. Sec. 1, Ch. 415, L. 1983; amd. Sec. 7, Ch. 663, L. 1987; amd. Sec. 139, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 6. Restrictions on Judicial Officers › 3-1-602. Restrictions on justices of the peace practicing law or taking claims for collection

3-1-602. Restrictions on justices of the peace practicing law or taking claims for collection.
(1) Except as provided in subsection (2), a justice of the peace may not:
(a) practice law;
(b) draw contracts, conveyances, or other legal instruments or documents;
(c) take any claim or bill for collection or act as a collection agent in any sense; or
(d) perform any legal duties other than those prescribed by law as the justice's official duties in the conduct of cases and proceedings in the justice's court.
(2) A justice of the peace who is an attorney and who is admitted to practice law before the supreme court of the state of Montana may engage in the general practice of law and practice law in all courts in the state of Montana, except that the justice, the justice's law partner or associate, or a member, associate, or employee of a firm of which the justice is a member may not represent a party involved in a case that is filed or tried in the justice's court or in any justice's court located in the same county as the justice's court or that is appealed from a justice's court in that county.
(3) A justice of the peace who violates any of the provisions of this section is guilty of malfeasance in office and must be removed from the office of justice of the peace and is disqualified from holding that office.
History: En. Sec. 3, p. 92, L. 1901; re-en. Sec. 3114, Rev. C. 1907; re-en. Sec. 4863, R.C.M. 1921; re-en. Sec. 4863, R.C.M. 1935; amd. Sec. 1, Ch. 228, L. 1959; amd. Sec. 13, Ch. 344, L. 1977; R.C.M. 1947, 16-3605; amd. Sec. 140, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 6. Restrictions on Judicial Officers › 3-1-603. Judicial officer of court of record not to have partner practicing law

3-1-603. Judicial officer of court of record not to have partner practicing law.
(1) Except as provided in subsection (2), a judicial officer of a court of record may not have a partner acting as attorney or counsel in any court of this state.
(2) A partner of either a municipal court judge or a judge pro tempore may act as attorney or counsel in any court of this state except the court of the partner who is a judicial officer.
History: En. Sec. 456, p. 135, Bannack Stat.; re-en. Sec. 613, p. 159, Cod. Stat. 1871; re-en. Sec. 533, p. 179, L. 1877; re-en. Sec. 533, 1st Div. Rev. Stat. 1879; re-en. Sec. 550, 1st Div. Comp. Stat. 1887; amd. Sec. 182, C. Civ. Proc. 1895; re-en. Sec. 6317, Rev. C. 1907; re-en. Sec. 8870, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 172; re-en. Sec. 8870, R.C.M. 1935; amd. Sec. 33, Ch. 344, L. 1977; R.C.M. 1947, 93-903; amd. Sec. 2, Ch. 415, L. 1983; amd. Sec. 8, Ch. 663, L. 1987; amd. Sec. 141, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 6. Restrictions on Judicial Officers › 3-1-604. Restrictions on municipal court judges

3-1-604. Restrictions on municipal court judges.
A municipal court judge may not practice law before the judge's own municipal court or hold office in a political party during the judge's term of office.
History: En. 11-1704.1 by Sec. 4, Ch. 429, L. 1977; R.C.M. 1947, 11-1704.1; amd. Sec. 3, Ch. 415, L. 1983; amd. Sec. 142, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 6. Restrictions on Judicial Officers › 3-1-605. Restrictions on judicial officers after term has expired

3-1-605. Restrictions on judicial officers after term has expired.
A judicial officer, as defined in 1-1-202, after the expiration of the officer's term of office, may not act as attorney or counsel in any action or special proceeding that has been before the officer in the officer's official capacity.
History: En. Sec. 183, C. Civ. Proc. 1895; re-en. Sec. 6318, Rev. C. 1907; re-en. Sec. 8871, R.C.M. 1921; re-en. Sec. 8871, R.C.M. 1935; R.C.M. 1947, 93-904; amd. Sec. 5, Ch. 21, L. 1979; amd. Sec. 143, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 6. Restrictions on Judicial Officers › 3-1-606. Justice of the peace or constable not to purchase judgment

3-1-606. Justice of the peace or constable not to purchase judgment.
(1) A justice of the peace may not purchase or be interested in the purchase of any judgment or part of a judgment on the justice's docket or on any docket in the justice's possession. A constable may not purchase or be interested in the purchase of any judgment or part of a judgment on the docket of a justice of the peace of the county of which the person is a constable or on a docket in the possession of a justice of the peace in that county.
(2) A violation of subsection (1) is a misdemeanor.
History: En. Sec. 113, p. 205, Bannack Stat.; re-en. Sec. 126, p. 298, Cod. Stat. 1871; re-en. Sec. 126, 4th Div. Rev. Stat. 1879; re-en. Sec. 135, 4th Div. Comp. Stat. 1887; amd. Sec. 197, Pen. C. 1895; re-en. Sec. 8216, Rev. C. 1907; re-en. Sec. 10860, R.C.M. 1921; Cal. Pen. C. Sec. 97; re-en. Sec. 10860, R.C.M. 1935; Sec. 94-808, R.C.M. 1947; redes. 16-3607 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 5, Ch. 253, L. 1975; amd. Sec. 14, Ch. 344, L. 1977; R.C.M. 1947, 16-3607; amd. Sec. 144, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 6. Restrictions on Judicial Officers › 3-1-607. Supreme court justice or district court judge candidacy for nonjudicial office -- resignation required

3-1-607. Supreme court justice or district court judge candidacy for nonjudicial office -- resignation required.
(1) If a person occupying the office of chief justice or associate justice of the supreme court or judge of a district court of the state of Montana becomes a candidate for election to any elective office under the laws of the state of Montana other than a judicial position, the person shall immediately, or in any event at or before the time when the person is required to file as a candidate for the office in any primary, special, or general election, resign from the office of chief justice, associate justice, or district court judge.
(2) The resignation becomes effective immediately upon its delivery to the proper officer or superior.
(3) The resignation requirement does not apply when the person is a bona fide candidate for reelection to the identical office currently occupied by the person or for another judicial position.
History: En. Sec. 1, Ch. 139, L. 1957; amd. Sec. 21, Ch. 344, L. 1977; R.C.M. 1947, 93-219(1); amd. Sec. 5, Ch. 3, L. 1985; amd. Sec. 145, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 6. Restrictions on Judicial Officers › 3-1-608. Forced vacancy

3-1-608. Forced vacancy.
In the event of a failure to resign, the office of chief justice, associate justice, or district judge automatically becomes vacant and the former occupant has no further right, power, or authority therein for any purpose and no right to any emoluments thereof, notwithstanding the fact that a successor is not appointed or elected. The vacancy becomes operative to deprive the person of the emoluments of the office in order to carry out the policy of this section and 3-1-607.
History: En. Sec. 1, Ch. 139, L. 1957; amd. Sec. 21, Ch. 344, L. 1977; R.C.M. 1947, 93-219(2).
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 6. Restrictions on Judicial Officers › 3-1-609. Repealed

3-1-609. Repealed.
Sec. 2, Ch. 433, L. 2023.
History: En. Sec. 22, Ch. 494, L. 2021.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 6. Restrictions on Judicial Officers › 3-1-610. Restrictions on judicial officers presiding over matters in which they have previously asserted position

3-1-610. Restrictions on judicial officers presiding over matters in which they have previously asserted position.
(1) This section applies to all judicial officers, as defined in 1-1-202.
(2) Judicial officers may not participate in any action or proceeding involving the constitutionality of a provision of a bill if:
(a) the judicial officer has appeared before the Montana legislature or otherwise contacted a legislator or another governmental entity in support or opposition of a bill involving the same legislation if it is at issue in a case in which the judicial officer presides;
(b) the judicial officer has served on a committee or group designed to evaluate legislation when the committee or group expressed support or opposition on a bill during the judicial officer's service on the committee or other group and a case involving the same legislation is pending before the judicial officer; or
(c) the judicial officer has publicly supported or opposed an issue or bill at the request of the Montana judges association or another entity and a case involving the legislation is pending before the judicial officer.
History: En. Sec. 1, Ch. 456, L. 2021.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 6. Restrictions on Judicial Officers › 3-1-611. Judicial conflict of interest -- recusal -- definitions

3-1-611. Judicial conflict of interest -- recusal -- definitions.
(1) Any party to a proceeding may request that the judicial officer assigned to the proceeding be recused if an opposing party or lawyer or a lawyer's law firm representing an opposing party meets the criteria in subsection (1)(a) or (1)(b):
(a) the judicial officer has received one or more combined contributions totaling the maximum amount allowable under 13-37-216 from a lawyer or party to the proceeding in an election that was held within the previous 6 years; or
(b) a lawyer, the lawyer's law firm, or party to the proceeding has made one or more contributions directly or indirectly to a political committee or other entity that engaged in independent expenditures that supported the judicial officer or opposed the judicial officer's opponent in an election that was held within the previous 6 years if the total combined amount of the contributions exceeds $10,000 for a candidate for a supreme court office or $5,000 for a candidate for any other judicial office.
(2) The moving party shall provide sufficient facts to demonstrate that the criteria in subsection (1) have been met.
(3) Upon receipt of the motion and the information required by subsection (2), the judicial officer shall recuse.
(4) For the purposes of this section:
(a) "contribution" has the meaning provided in 13-1-101; and
(b) "judicial officer" has the meaning provided in 1-1-202.
History: En. Sec. 1, Ch. 433, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 7. Court Administrator › 3-1-701. Office of court administrator -- appointment and term of office

3-1-701. Office of court administrator -- appointment and term of office.
There is established the office of court administrator. The supreme court shall appoint a court administrator. The court administrator holds the position at the pleasure of the court.
History: En. 82-510 by Sec. 1, Ch. 396, L. 1977; R.C.M. 1947, 82-510; amd. Sec. 146, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 7. Court Administrator › 3-1-702. Duties

3-1-702. Duties.
The court administrator is the administrative officer of the court. Under the direction of the supreme court, the court administrator shall:
(1) prepare and present judicial budget requests to the legislature, including the costs of the state-funded district court program;
(2) collect, compile, and report statistical and other data relating to the business transacted by the courts and provide the information to the legislature on request and, if requested, in accordance with 5-11-210;
(3) to the extent possible, provide that current and future information technology applications are coordinated and compatible with the standards and goals of the executive branch as expressed in the state strategic information technology plan provided for in 2-17-521;
(4) recommend to the supreme court improvements in the judiciary;
(5) administer legal assistance for indigent victims of domestic violence, as provided in 3-2-714;
(6) administer state funding for district courts, as provided in chapter 5, part 9;
(7) administer the pretrial program provided for in 3-1-708;
(8) administer the treatment court support account provided for in 46-1-1115; and
(9) administer the judicial branch personnel plan.
History: En. 82-512 by Sec. 3, Ch. 396, L. 1977; R.C.M. 1947, 82-512; amd. Sec. 13, Ch. 112, L. 1991; amd. Sec. 1, Ch. 704, L. 1991; amd. Sec. 12, Ch. 349, L. 1993; amd. Sec. 9, Ch. 585, L. 2001; amd. Sec. 2, Ch. 445, L. 2005; amd. Sec. 2, Ch. 376, L. 2015; amd. Sec. 1, Ch. 141, L. 2017; amd. Sec. 1, Ch. 163, L. 2017; amd. Sec. 7, Ch. 390, L. 2017; amd. Sec. 4, Ch. 413, L. 2019; amd. Sec. 17, Ch. 261, L. 2021; amd. Sec. 1, Ch. 497, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 7. Court Administrator › 3-1-703. Cooperation of court officers

3-1-703. Cooperation of court officers.
All court officers, including clerks of district courts, shall comply with requests made by the court administrator for information and statistical and financial data bearing on the business transacted by the courts.
History: En. 82-513 by Sec. 4, Ch. 396, L. 1977; R.C.M. 1947, 82-513.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 7. Court Administrator › 3-1-707. Court-appointed special advocate account

3-1-707. Court-appointed special advocate account.
(1) There is a court-appointed special advocate account in the state special revenue fund. There must be paid into this account the fees collected pursuant to 3-1-318. The money in the account must be used solely for the purpose of providing funding for court-appointed special advocates.
(2) The supreme court administrator shall establish procedures for the distribution and accountability of money in the account. The supreme court administrator may designate nonprofit organizations that ordinarily provide special advocate services to receive or administer the distribution of the fund.
History: En. Sec. 6, Ch. 384, L. 2017.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 7. Court Administrator › 3-1-708. Pretrial program -- rulemaking

3-1-708. Pretrial program -- rulemaking.
(1) Within the limits of available funds, the office of court administrator shall develop and administer a pretrial program for misdemeanor or felony defendants that includes the use of a validated pretrial risk assessment tool.
(2) The office of court administrator may use program funds to:
(a) develop, implement, and administer the pretrial program; and
(b) make allocations to counties or organizations contracting with a county to provide pretrial services.
(3) Allocated funds may be used for pretrial services staff, to obtain assessment instruments, and to provide supervision of pretrial misdemeanor or felony defendants.
(4) In administering the pretrial program, the office shall:
(a) identify priorities for funding services and activities and the criteria for the allocation of program funds, including that courts accepting funds shall use a validated risk assessment tool to assign release conditions and determine placement options;
(b) monitor the expenditure of funds by counties and organizations receiving funds under this section;
(c) evaluate the effectiveness of services and activities under this section;
(d) establish an advisory council that includes local and district court judges and other stakeholders to provide guidance to the office; and
(e) develop policies and procedures necessary to implement this section, subject to approval of the supreme court.
(5) (a) Funds available under subsection (1) consist of state appropriations and federal funds received by the office for the purposes of administering the pretrial program or any funds received pursuant to subsection (5)(b).
(b) The office may accept gifts, grants, and donations from other public or private sources, which must be used within the scope of this section.
History: En. Sec. 1, Ch. 390, L. 2017; amd. Sec. 1, Ch. 33, L. 2019.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 7. Court Administrator › 3-1-710. Terminated

3-1-710. Terminated.
Sec. 8, Ch. 241, L. 2017.
History: En. Sec. 1, Ch. 241, L. 2017; amd. Sec. 6, Ch. 456, L. 2019.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 7. Court Administrator › 3-1-711. Terminated

3-1-711. Terminated.
Sec. 8, Ch. 241, L. 2017.
History: En. Sec. 2, Ch. 241, L. 2017; amd. Sec. 7, Ch. 456, L. 2019.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 7. Court Administrator › 3-1-713. Office of court administrator to report

3-1-713. Office of court administrator to report.
(1) Each quarter of the fiscal year, the office of court administrator shall report to the law and justice interim committee and the legislative finance committee on the number of civil cases that have been pending for more than 2 years by judicial district. The report must identify:
(a) the judicial district;
(b) the number of cases in that district that are pending for more than 2 years but less than 3 years;
(c) the number of cases in that district that are pending for more than 3 years but less than 4 years;
(d) the number of cases in that district that are pending for more than 4 years but less than 5 years; and
(e) the number of cases in that district that are pending for more than 5 years.
(2) By September 1 of each year, the office of court administrator shall report to the law and justice interim committee in accordance with 5-11-210. The report must identify for the previous calendar year:
(a) the number and type of cases assigned to each district court judge;
(b) the number of times each judge is substituted; and
(c) the name of each attorney who requests a substitution of a judge and the number of substitution requests the attorney makes for each judge.
History: En. Sec. 4, Ch. 566, L. 2021; amd. Sec. 1, Ch. 274, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 7. Court Administrator › 3-1-716. District court and judge key performance indicators display

3-1-716. District court and judge key performance indicators display.
(1) There is a district court and judge key performance indicator display to allow the public to view reports or other static documents related to court and judge performance. At a minimum, the display must be updated:
(a) quarterly for:
(i) statewide case processing measures; and
(ii) case processing measures, including on-time case processing statistics, case clearance rates, and age of active cases statistics; and
(b) annually for:
(i) case filings by major case categories;
(ii) new case filings;
(iii) workload filings by judicial district;
(iv) rates at which each district court judge's decisions are overturned wholly or in part on appeal.
(2) The data described in subsection (1)(a)(ii) must be published for each judge. The court administrator shall publish a comprehensive yearend report.
(3) In addition to the measures listed in subsection (1), the district court council shall:
(a) inventory all of the current measures used by the judicial branch to evaluate district court workload and efficiency;
(b) consider research on any additional objective quality indicators of judicial performance; and
(c) review the data on the dashboard at least annually for the purposes of quality improvement and management of the district courts, judges, and standing masters.
(4) When resources allow, the court administrator is encouraged to transition any display of a static report to an interactive dashboard display.
History: En. Sec. 1, Ch. 283, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 8. Disqualification and Substitution of Judges Supreme Court Rule › 3-1-801. Superseded

3-1-801. Superseded.
Sup. Ct. Ord. June 29, 1981.
History: En. Sup. Ct. Ord. dated Dec. 29, 1976; 34 St. Rep. 26; superseded, Sup. Ct. Ord. dated June 29, 1981.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 8. Disqualification and Substitution of Judges Supreme Court Rule › 3-1-802. Superseded

3-1-802. Superseded.
Sup. Ct. Ord. June 17, 1987.
History: En. Sup. Ct. Ord. dated June 29, 1981; superseded, Sup. Ct. Ord. dated June 17, 1987.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 8. Disqualification and Substitution of Judges Supreme Court Rule › 3-1-803. Disqualification of judges -- all courts

3-1-803. Disqualification of judges -- all courts.
DISQUALIFICATION OF JUDGES
This section shall, in its application, apply to all courts listed in section 3-1-101 except a court of impeachment in the state senate.
Any justice, judge, justice of the peace, municipal court judge or city court judge must not sit or act in any action or proceeding:
1. To which he is a party, or in which he is interested.
2. When he is related to either party or any attorney or member of a firm of attorneys of record for a party by consanguinity or affinity within the third degree, computed according to the rules of law;
3. When he has been attorney or counsel in the action or proceeding for any party or when sitting in a case on appeal he as a judge in the lower court rendered or made the judgment, order, or decision appealed from.
History: En. Sup. Ct. Ord. dated June 17, 1987; amd. July 29, 1987; amd. Sup. Ct. Ord. Sept. 13, 1988, eff. Sept. 13, 1988; amd. Sup. Ct. Ord. Dec. 5, 2000, eff. Jan. 1, 2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 8. Disqualification and Substitution of Judges Supreme Court Rule › 3-1-805. Disqualification for cause

3-1-805. Disqualification for cause.
DISQUALIFICATION FOR CAUSE
This section is limited in its application to judges presiding in district courts, justice of the peace courts, municipal courts, small claims courts, and city courts.
1. Whenever a party to any proceeding in any court shall file an affidavit alleging facts showing personal bias or prejudice of the presiding judge, such judge shall proceed no further in the cause. If the affidavit is filed against a district judge, the matter shall be referred to the Montana Supreme Court. If the affidavit is in compliance with subsections (a), (b), and (c) below, the Chief Justice shall assign a district judge to hear the matter. If the affidavit is filed against a judge of a municipal court, justice court, or city court, any district judge presiding in the district of the court involved may appoint either a justice of the peace, a municipal judge or a city court judge, to hear any such proceeding.
(a) The affidavit for disqualification must be filed more than thirty (30) days before the date set for hearing or trial.
(b) The affidavit shall be accompanied by a certificate of counsel of record that the affidavit has been made in good faith. An affidavit will be deemed not to have been made in good faith if it is based solely on rulings in the case which can be addressed in an appeal from the final judgment.
(c) Any affidavit which is not in proper form and which does not allege facts showing personal bias or prejudice may be set aside as void.
(d) The judge appointed to preside at a disqualification proceeding may assess attorneys fees, costs and damages against any party or his attorney who files such disqualification without reasonable cause and thereby hinders, delays or takes unconscionable advantage of any other party, or the court.
History: En. Sup. Ct. Ord. dated June 17, 1987; amd. July 29, 1987; amd. Sup. Ct. Ord. Sept. 13, 1988, eff. Sept. 13, 1988; amd. Sup. Ct. Ord. dated January 6, 1994; amd. Sup. Ct. Ord. dated June 19, 2003, eff. June 19, 2003.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 9. Judicial Vacancies › 3-1-901. Judicial vacancy -- notice

3-1-901. Judicial vacancy -- notice.
(1) (a) Upon receiving notice from the chief justice of the supreme court, the governor shall appoint a candidate, as provided in this part, to fill any vacancy on the supreme court or the district court.
(b) The chief justice of the supreme court shall appoint a candidate to fill any term or vacancy for the chief water judge or associate water judge pursuant to 3-7-221.
(2) Within 10 days of the date of receipt by the governor of the notice from the chief justice of the supreme court that a vacancy has occurred or the effective date of a judicial resignation has been announced, the governor shall notify the public, including media outlets with general statewide circulation and other appropriate sources, that a vacancy has been announced, including the deadline within which applications must be received.
History: En. Sec. 1, Ch. 62, L. 2021.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 9. Judicial Vacancies › 3-1-902. Investigation -- qualifications for appointment

3-1-902. Investigation -- qualifications for appointment.
(1) The governor may authorize investigations concerning the qualifications of eligible persons.
(2) A lawyer in good standing who has the qualifications set forth by law for holding judicial office may be a candidate and may apply to the governor for consideration, or application may be made by any person on the lawyer's behalf.
History: En. Sec. 2, Ch. 62, L. 2021.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 9. Judicial Vacancies › 3-1-903. Applications

3-1-903. Applications.
An eligible person may apply for the vacant judicial position by completing and submitting to the governor an original signed paper application and an electronic copy of the original application by the deadline date. The deadline date must be within 40 days of the governor's receipt of the notice of vacancy provided by the chief justice.
History: En. Sec. 3, Ch. 62, L. 2021.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 9. Judicial Vacancies › 3-1-904. Public comment

3-1-904. Public comment.
(1) The governor shall establish a reasonable period for reviewing applications and interviewing applicants that provides at least 30 days for public comment concerning applicants.
(2) Each applicant who has the qualifications set forth by law for holding judicial office and who receives a letter of support from at least three adult Montana residents by the close of the public comment period provided for in subsection (1) must be considered a nominee for the position.
(3) The total time from receipt of notice of a vacancy until appointment may not exceed 100 days.
(4) The application, public comment, and any related documents are open to the public except when the demands of individual privacy clearly exceed the merits of public disclosure.
History: En. Sec. 4, Ch. 62, L. 2021.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 9. Judicial Vacancies › 3-1-905. Appointments

3-1-905. Appointments.
(1) The governor, or the chief justice of the supreme court for the office described in 3-7-221, shall make an appointment within 30 days of the close of the public comment period from the list of applicants.
(2) For purposes of Article VII, section 8, of the Montana constitution, the governor must be construed to receive the names of the nominees at the close of the public comment period provided for in 3-1-904.
(3) If the governor fails to appoint within 30 days of the close of the public comment period provided for in subsection (1), the chief justice shall make the appointment from the same list of applicants within 30 days of the governor's failure to appoint.
History: En. Sec. 5, Ch. 62, L. 2021.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 9. Judicial Vacancies › 3-1-906. Senate confirmation -- exception -- nomination in interim -- appointment contingent on vacancy

3-1-906. Senate confirmation -- exception -- nomination in interim -- appointment contingent on vacancy.
(1) (a) Except as provided in subsection (2):
(i) each appointment must be confirmed by the senate; and
(ii) an appointment made while the senate is not in session is effective until the end of the next regular legislative session.
(b) If the appointment is subject to senate confirmation under subsection (1)(a) and is not confirmed, the office is vacant and another selection of nominees and appointment must be made.
(2) The following appointments are not subject to senate confirmation, and there must be an election for the office at the general election immediately preceding the scheduled expiration of the term or following the appointment, as applicable:
(a) an appointment made while the senate is not in session if the term to which the appointee is appointed expires prior to the next regular legislative session, regardless of the time of the appointment in relation to the candidate filing deadlines for the office; and
(b) an appointment made while the senate is not in session if a general election will be held prior to the next regular legislative session and the appointment is made prior to the candidate filing deadline for primary elections under 13-10-201(7), in which case the position is subject to election at the next primary and general elections.
(3) A nomination is not effective unless a vacancy in office occurs.
History: En. Sec. 6, Ch. 62, L. 2021; amd. Sec. 1, Ch. 72, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 9. Judicial Vacancies › 3-1-907. Duration of appointment -- election for remainder of term

3-1-907. Duration of appointment -- election for remainder of term.
(1) If an appointment subject to 3-1-905 is confirmed by the senate, the appointee shall serve until the appointee or another person elected at the first general election after confirmation is elected and qualified. The candidate elected at that election holds the office for the remainder of the unexpired term.
(2) If an incumbent judge or justice files for election to the office to which the judge or justice was elected or appointed and no other candidate files for election to that office, the name of the incumbent must nevertheless be placed on the general election ballot to allow voters of the district or state to approve or reject the incumbent. If an incumbent is rejected at an election for approval or rejection, the incumbent shall serve until the day before the first Monday of January following the election, at which time the office is vacant and another appointment must be made.
History: En. Sec. 7, Ch. 62, L. 2021.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 10. Judicial Nomination Commission (Repealed) › 3-1-1001. Repealed

3-1-1001. Repealed.
Sec. 11, Ch. 62, L. 2021.
History: En. Sec. 1, Ch. 470, L. 1973; amd. Sec. 30, Ch. 344, L. 1977; R.C.M. 1947, 93-705; amd. Sec. 6, Ch. 21, L. 1979; amd. Sec. 1, Ch. 651, L. 1987; amd. Sec. 1, Ch. 810, L. 1991; amd. Sec. 1, Ch. 12, L. 2009; amd. Sec. 1, Ch. 335, L. 2011.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 10. Judicial Nomination Commission (Repealed) › 3-1-1002. Repealed

3-1-1002. Repealed.
Sec. 11, Ch. 62, L. 2021.
History: En. Sec. 2, Ch. 470, L. 1973; R.C.M. 1947, 93-706(1), (2); amd. Sec. 7, Ch. 21, L. 1979; amd. Sec. 2, Ch. 810, L. 1991.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 10. Judicial Nomination Commission (Repealed) › 3-1-1003. Repealed

3-1-1003. Repealed.
Sec. 11, Ch. 62, L. 2021.
History: En. Sec. 2, Ch. 470, L. 1973; R.C.M. 1947, 93-706(3), (4); amd. Sec. 8, Ch. 21, L. 1979; amd. Sec. 147, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 10. Judicial Nomination Commission (Repealed) › 3-1-1004. Repealed

3-1-1004. Repealed.
Sec. 11, Ch. 62, L. 2021.
History: En. Sec. 12, Ch. 470, L. 1973; amd. Sec. 29, Ch. 453, L. 1977; R.C.M. 1947, 93-716.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 10. Judicial Nomination Commission (Repealed) › 3-1-1005. Repealed

3-1-1005. Repealed.
Sec. 11, Ch. 62, L. 2021.
History: En. Sec. 11, Ch. 470, L. 1973; R.C.M. 1947, 93-715.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 10. Judicial Nomination Commission (Repealed) › 3-1-1006. Repealed

3-1-1006. Repealed.
Sec. 11, Ch. 62, L. 2021.
History: En. Sec. 3, Ch. 470, L. 1973; R.C.M. 1947, 93-707; amd. Sec. 2, Ch. 651, L. 1987.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 10. Judicial Nomination Commission (Repealed) › 3-1-1007. Repealed

3-1-1007. Repealed.
Sec. 11, Ch. 62, L. 2021.
History: En. Sec. 13, Ch. 470, L. 1973; R.C.M. 1947, 93-717; amd. Sec. 1, Ch. 423, L. 1979; amd. Sec. 3, Ch. 810, L. 1991.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 10. Judicial Nomination Commission (Repealed) › 3-1-1008. Repealed

3-1-1008. Repealed.
Sec. 11, Ch. 62, L. 2021.
History: En. Sec. 4, Ch. 470, L. 1973; R.C.M. 1947, 93-708; amd. Sec. 3, Ch. 651, L. 1987.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 10. Judicial Nomination Commission (Repealed) › 3-1-1009. Repealed

3-1-1009. Repealed.
Sec. 11, Ch. 62, L. 2021.
History: En. Sec. 5, Ch. 470, L. 1973; R.C.M. 1947, 93-709; amd. Sec. 148, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 10. Judicial Nomination Commission (Repealed) › 3-1-1010. Repealed

3-1-1010. Repealed.
Sec. 11, Ch. 62, L. 2021.
History: En. Sec. 6, Ch. 470, L. 1973; R.C.M. 1947, 93-710; amd. Sec. 9, Ch. 21, L. 1979; amd. Sec. 2, Ch. 423, L. 1979; amd. Sec. 1, Ch. 344, L. 1987; amd. Sec. 4, Ch. 651, L. 1987; amd. Sec. 4, Ch. 810, L. 1991; amd. Sec. 149, Ch. 61, L. 2007; amd. Sec. 2, Ch. 335, L. 2011.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 10. Judicial Nomination Commission (Repealed) › 3-1-1011. Repealed

3-1-1011. Repealed.
Sec. 11, Ch. 62, L. 2021.
History: En. Sec. 7, Ch. 470, L. 1973; R.C.M. 1947, 93-711; amd. Sec. 10, Ch. 21, L. 1979; amd. Sec. 2, Ch. 344, L. 1987; amd. Sec. 5, Ch. 651, L. 1987.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 10. Judicial Nomination Commission (Repealed) › 3-1-1012. Repealed

3-1-1012. Repealed.
Sec. 11, Ch. 62, L. 2021.
History: En. Sec. 8, Ch. 470, L. 1973; R.C.M. 1947, 93-712; amd. Sec. 11, Ch. 21, L. 1979; amd. Sec. 3, Ch. 344, L. 1987.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 10. Judicial Nomination Commission (Repealed) › 3-1-1013. Repealed

3-1-1013. Repealed.
Sec. 11, Ch. 62, L. 2021.
History: En. Sec. 9, Ch. 470, L. 1973; R.C.M. 1947, 93-713; amd. Sec. 12, Ch. 21, L. 1979; amd. Sec. 4, Ch. 344, L. 1987; amd. Sec. 1, Ch. 377, L. 1993; amd. Sec. 12, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 10. Judicial Nomination Commission (Repealed) › 3-1-1014. Repealed

3-1-1014. Repealed.
Sec. 11, Ch. 62, L. 2021.
History: En. Sec. 10, Ch. 470, L. 1973; R.C.M. 1947, 93-714; amd. Sec. 13, Ch. 21, L. 1979; amd. Sec. 2, Ch. 377, L. 1993.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 11. Judicial Standards Commission › 3-1-1101. Creation and composition of commission

3-1-1101. Creation and composition of commission.
(1) There is created a judicial standards commission consisting of five members as follows:
(a) two district court judges appointed by the speaker of the house as provided in 3-1-1115 and confirmed by the senate;
(b) one attorney who has practiced law in this state for at least 10 years, appointed by the attorney general and confirmed by the senate; and
(c) two citizens who are not attorneys or judges of any court, active or retired, appointed by the governor and confirmed by the senate.
(2) Members shall serve staggered 4-year terms.
History: En. Sec. 1, Ch. 95, L. 1973; R.C.M. 1947, 93-718; amd. Sec. 8, Ch. 52, L. 1993; amd. Sec. 1, Ch. 433, L. 2021; amd. Sec. 2, Ch. 188, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 11. Judicial Standards Commission › 3-1-1102. Repealed

3-1-1102. Repealed.
Sec. 4, Ch. 188, L. 2023.
History: En. Sec. 2, Ch. 95, L. 1973; R.C.M. 1947, 93-719.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 11. Judicial Standards Commission › 3-1-1103. Terminated membership -- vacancies

3-1-1103. Terminated membership -- vacancies.
(1) Commission membership terminates if a member ceases to hold the position that qualified the person for appointment.
(2) If a vacancy occurs on the commission, the appointing authority of the vacated seat shall designate a successor.
History: En. Sec. 3, Ch. 95, L. 1973; R.C.M. 1947, 93-720; amd. Sec. 150, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 11. Judicial Standards Commission › 3-1-1104. No compensation -- travel expenses

3-1-1104. No compensation -- travel expenses.
A commission member is not entitled to compensation for the member's services but is entitled to travel expenses, as provided for in 2-18-501 through 2-18-503, incurred in the performance of the member's duties.
History: En. Sec. 4, Ch. 95, L. 1973; amd. Sec. 30, Ch. 453, L. 1977; R.C.M. 1947, 93-721; amd. Sec. 151, Ch. 61, L. 2007.