County Attorney

Who County Attorneys Represent & What They Do

County Attorneys are elected officials. They represent both their own county and the State of Montana within their county. County Attorneys are responsible for the prosecution of all felony crimes occurring in their county, and all misdemeanor crimes occurring outside the city limits of any city within their county. They are responsible for defending or prosecuting all civil claims for or against their county. County Attorneys are also required to represent agencies of the State of Montana when required by law or when directed to do so by the Attorney General.

County Attorneys may be full or part time, usually depending on the population of the county. Full time County Attorneys are prohibited from private practice, cannot represent private clients, and cannot give legal advice to private citizens. Part-time County Attorneys may have a part-time private practice, may represent private citizens on legal matters, and give private legal advice for compensation, so long as it does not conflict with their duties as County Attorney. Some of the more populated counties have Deputy County Attorneys. Their number varies from county to county, dependent upon the needs of each county. These positions may be either full or part-time.