13-37-113. Hiring of attorneys -- prosecutions. The commissioner may hire or retain attorneys who are properly licensed to practice before the supreme court of the state of Montana to prosecute violations of chapter 35 of this title or this chapter. Any attorney retained or hired shall exercise the powers of a special attorney general, and the attorney may prosecute, subject to the control and supervision of the commissioner and the provisions of 13-37-124 and 13-37-125, any criminal or civil action arising out of a violation of any provision of chapter 35 of this title or this chapter. All prosecutions must be brought in the state district court for the county in which a violation has occurred. The authority to prosecute as prescribed by this section includes the authority to:
(1) institute proceedings for the arrest of persons charged with or reasonably suspected of criminal violations of chapter 35 of this title or this chapter;
(2) attend and give advice to a grand jury when cases involving criminal violations of chapter 35 of this title or this chapter are presented;
(3) draw and file indictments, informations, and criminal complaints;
(4) prosecute all actions for the recovery of debts, fines, penalties, or forfeitures accruing to the state or county from persons convicted of violating chapter 35 of this title or this chapter; and
(5) do any other act necessary to successfully prosecute a violation of any provision of chapter 35 of this title or this chapter.
History: En. 23-4786 by Sec. 11, Ch. 480, L. 1975; amd. Sec. 63, Ch. 365, L. 1977; R.C.M. 1947, 23-4786(3); amd. Sec. 232, Ch. 571, L. 1979; amd. Sec. 6, Ch. 401, L. 2001; amd. Sec. 3, Ch. 407, L. 2007; amd. Sec. 3, Ch. 535, L. 2021; amd. Sec. 5, Ch. 565, L. 2021.
Structure Montana Code Annotated
Chapter 37. Control of Campaign Practices
Part 1. Commissioner of Political Practices
13-37-102. Creation of office -- nomination -- appointment -- removal
13-37-105. Impeachment and prosecution of commissioner
13-37-107. Commissioner of political practices -- qualifications
13-37-108. Commissioner of political practices -- restrictions
13-37-109. and 13-37-110 reserved
13-37-111. Investigative powers and duties -- recusal
13-37-112. Personnel and budget
13-37-113. Hiring of attorneys -- prosecutions
13-37-115. Orders of noncompliance
13-37-117. Commissioner to provide forms, manuals, and election laws
13-37-118. Information voluntarily supplied
13-37-119. Availability of information
13-37-121. Inspection of statements and reports -- issuance of orders of noncompliance
13-37-122. Judicial review of orders of noncompliance
13-37-123. Examination of reports after election
13-37-124. Consultation and cooperation with county attorney
13-37-125. Powers of county attorney to investigate
13-37-126. Names not to appear on ballot
13-37-127. Withholding of certificates of nomination or election
13-37-128. Cause of action created
13-37-129. Liability and disposition of fines
13-37-130. Limitation of action