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 […]
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 […]
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 […]
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. […]
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; […]
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 […]
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 […]
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 […]
3-1-609. Judicial conflict of interest — recusal — definition. (1) A judicial officer shall disqualify the judicial officer in a proceeding if: (a) the judicial officer has received one or more combined contributions totaling at least one-half of the maximum amount allowable amount under 13-37-216 from a lawyer or party to the proceeding in an election within […]
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 […]
