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.
Structure Montana Code Annotated
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
3-1-602. Restrictions on justices of the peace practicing law or taking claims for collection
3-1-603. Judicial officer of court of record not to have partner practicing law
3-1-604. Restrictions on municipal court judges
3-1-605. Restrictions on judicial officers after term has expired
3-1-606. Justice of the peace or constable not to purchase judgment
3-1-609. Judicial conflict of interest -- recusal -- definition