37-61-418. Attorney may see prisoner. All public officers, sheriffs, coroners, jailers, constables, or other officers or persons having in custody any person committed, imprisoned, or restrained of the person's liberty for any alleged cause shall admit any practicing attorney in this state whom the person restrained of liberty may desire to see or consult, to see and consult the imprisoned person, alone and in private, at the jail or other place of custody. Any officer violating this provision shall forfeit and pay $100 to the person aggrieved, to be recovered by action of debt in any court of competent jurisdiction.
History: En. Sec. 13, p. 373, Bannack Stat.; re-en. Sec. 13, p. 378, Cod. Stat. 1871; re-en. Sec. 52, 5th Div. Rev. Stat. 1879; re-en. Sec. 114, 5th Div. Comp. Stat. 1887; re-en. Sec. 415, C. Civ. Proc. 1895; re-en. Sec. 6407, Rev. C. 1907; re-en. Sec. 8990, R.C.M. 1921; re-en. Sec. 8990, R.C.M. 1935; R.C.M. 1947, 93-2117; amd. Sec. 1441, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 37. Professions and Occupations
Part 4. Provisions Regulating Practice
37-61-401. Authority of attorney
37-61-402. Production of proof of authority to court
37-61-405. Death or removal of attorney
37-61-408. Attorney prohibited from buying claim or demand for purpose of bringing action
37-61-409. Penalty for violation
37-61-411. Same rule when party prosecutes in person
37-61-412. Partner of public prosecutor not to defend
37-61-413. Former public prosecutors not to defend
37-61-414. Partners not to appear on opposite sides
37-61-415. Penalty for violation of two preceding sections
37-61-416. Party may appear in person or by attorney
37-61-417. Attorney may defend in person
37-61-418. Attorney may see prisoner
37-61-419. Attorney not to become surety on bond
37-61-420. Judgment lien for compensation
37-61-421. Attorney's or litigant's liability for excess costs