Pursuant to a request from Custer County Attorney Wyatt Glade to designate the elected position of Custer County Attorney to a Part-time position to allow him to open a private law practice. The applicable statutes Wyatt Glade provided to the Custer County Commission are listed below.
The Custer County Commission has set two public meetings for the public to voice their views on this request by Custer County Attorney Wyatt Glade. Both meetings will take place in the Custer County Commission Office, Custer County Courthouse, 1010 Main Street, Miles City, Montana at 11 AM August 16, 2023 and 5:30 PM on August 17, 2023.
Limitations On Activities Of County Attorneys And Deputy County Attorneys 7-4-2704. Limitations on activities of county attorneys and deputy county attorneys. (1) The county attorney, except for the county attorney’s personally rendered services, may not present a claim, account, or other demand for allowance against the county or in any way advocate the relief asked on the claim or demand made by another.
(2) Except as provided in subsection (4), in each county in which the office of county attorney is a full-time position pursuant to 7-4-2706, the county attorney is prohibited from engaging in the private practice of law or sharing directly or indirectly in the profits of any private practice of law, except that the county attorney may engage in self-representation and may represent the county attorney’s immediate family.
(3) Except as provided in subsection (4), a deputy county attorney in a county in which the office of county attorney is a full-time position pursuant to 7-4-2706 who is paid 70% or more of the county attorney’s salary is prohibited from engaging in the private practice of law or sharing directly or indirectly in the profits of any private practice of law, except as to those matters in which the deputy county attorney has a direct interest.
(4) Any elected or appointed county attorney and any deputy county attorney must, upon demonstration of need to the board of county commissioners, be granted a period of time, not to exceed 3 months from the date that the person takes office, to complete any pending matters remaining from a previous private practice of law. During that time, the county attorney and any appointed deputy are bound by the customary rules of ethics applicable to attorneys at law.
County Attorney To Be Full Or Part Time – Resolution 7-4-2706. County attorney to be full or part time — resolution.
(1) (a) In a county with a population of less than 30,000, the county commissioners may, with the consent of the county attorney, by resolution effective July 1 of any year, establish the office of county attorney as a full-time or part-time position.
(b) A copy of a resolution adopted under subsection (1)(a) must be provided to the department of justice.
(2) In a county with a population of 30,000 or more, the office of county attorney must be a full-time position.