Montana. Attorney General's Office

The Montana Attorney General was originally authorized under the Organic Act of 1864 which established Montana as a territory. The 1889 Constitution established the office as an elective executive office. The duties of the Attorney General included prosecuting and defending all cases to which the State or any county was a party; enforcing judgements reached in such cases; supervising county attorneys; giving opinions on legal issues to state agencies, the legislature, and county officials; to bid on property in the name of the state; and to serve ex officio on a variety of boards and commissions incluing the Board of Examiners, the Board of Land Commissioners, the Board of Education, the Board of Equalization, the Board of State Prison Commissioners, the Board of Pardons, and others. While the specifics of the the duties have changed over the years, the general principal that the Attorney General is the attorney for the state, has remained constant. As the complexities of state government have increased the Attorney General has acquired a staff of Assistant Attorneys General to handle most of the work. Many of these are assigned to specific agencies. Among the Attorneys General during the period of these records were Albert J. Galen (1905-1913), S.C. Ford (1917-1921), L.A. Foot (1924-1933), Harrison J. Freeborn (1937-1941), R.V. Bottomly (1942-1949), Arnold Olsen (1949-1957), and Forrest Anderson (1957- ).

From the guide to the Montana Attorney General's Office Records, 1893-1969, (Montana Historical Society Archives)

Montana's chief legal official.

The Montana Attorney General's Office was established under the Organic Act of 1864 and the 1889 Constitution. The duties of the Attorney General included prosecuting and defending all cases to which the state or any county was a party; supervising county attorneys; giving opinions on legal issues to state agencies, the legislature, and county officials; and serving ex officio on a variety of boards and commissions including the Board of Examiners, the Board of Land Commissioners, the Board of Education, the Board of Equalization, the Board of State Prison Commissioners, the Board of Pardons, and others.

From the description of Montana Attorney General's Office records, 1893-1969. (Montana Historical Society Library). WorldCat record id: 70959369

The office of Attorney General of Montana was established by Article VII, Section 1 of the 1889 Constitution, which required that the attorney general be elected and serve a four-year term. The framers of the state's first constitution believed that, since the state's Legislative Assembly would be in session only briefly every two years, it was necessary for an elected official responsible not to the governor, but to the electorate, to serve as a check upon gubernatorial power. The attorney general was charged with a number of duties, the most important of which included the handling and presentation before the Supreme Court of legal cases in which the state or a county was interested; supervising and assisting county attorneys; giving his written opinion to the Legislative Assembly, state officers and agencies, county attorneys, and boards of county commissioners upon certain legal questions; and participating as a member of several state boards, including the Board of Examiners, the Board of Education, and the Board of Land Commissioners.

Much of the actual legal research work of the Office is done by assistant attorneys general. All communications received by the Office, requests for information or opinions, and litigations are assigned by the first assistant to the other attorneys. Their work is then reviewed by the first assistant and final approval or disapproval is made by the attorney general. While the assistant attorneys general are not permitted to engage in the private practice of law, special assistants are hired, generally on a part-time basis, and they are permitted to continue private practice if that practice does not create a conflict of interest with state employment. In addition, various state agencies hire legal counsels, often from private firms; these counsels are required to keep the attorney general apprised of the work they were doing for the state. While the attorney general cannot prevent the employment of legal counsel by the various state agencies, he can refuse to give those counsels an appointment as a special assistant, in which case the counsel can not make court appearances on behalf of the state.

The attorney general is sometimes called upon to issue an official opinion, an expression of the legal reasons and principles upon which a decision should be based, reflecting the state's stand on law. Much more frequently, the attorney general issues informal opinions for state agencies and certain others, such as county attorneys and county commissioners. Informal opinions or "letter opinions," are based upon citations of statute or earlier formal opinions. While the attorney general is not permitted by statute to give formal opinions to those outside state agencies and certain political subdivisions, he does at times provide a general legal view of a particular situation to individuals or groups making inquiry. Attorneys general of Montana include Arnold H. Olsen, elected in 1948; Forrest H. Anderson, 1956; Robert Woodahl, 1968; and Mike Greely, 1976.

From the guide to the Montana Attorney General's Office Records, 1957-1982, (Montana Historical Society Archives)