46-11-304. Appointing special prosecutor. When the county attorney or attorney general is the subject of a grand jury investigation, the district court shall appoint a special prosecutor. If a special prosecutor is appointed, the county attorney's or attorney general's office may not participate in an official capacity, but staff members may appear as witnesses.
History: En. Sec. 104, Ch. 800, L. 1991.
Structure Montana Code Annotated
Chapter 11. Commencement of Prosecution
46-11-301. Summoning grand jury
46-11-302. Challenges to grand jury or grand jurors
46-11-304. Appointing special prosecutor
46-11-305. and 46-11-306 reserved
46-11-310. Duties of grand jurors
46-11-311. Charge to grand jury
46-11-313. Subpoena of witnesses
46-11-314. Reception of evidence
46-11-315. Advice and assistance to grand jury
46-11-316. Recorded proceedings
46-11-317. Secrecy of proceedings -- disclosure
46-11-318. Discharge of grand jury
46-11-319. Expenses of grand jury
46-11-320. through 46-11-330 reserved