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).
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
3-1-608. Forced vacancy
3-1-609. Judicial conflict of interest -- recusal -- definition