The Attorney General’s Office, headed by Attorney General Austin Knudsen, and the State Attorney’s Office function as the lawyers for the State of Montana. These attorneys have expertise in a wide range of legal topics and handle a broad range of legal cases involving the State of Montana and its people.
Attorneys in the State Attorney’s Office represent state agencies in lawsuits, represent Montana’s interests in complex civil cases where the state is a party, and prosecute criminals throughout the state to assist local county attorneys – particularly in complex cases or homicide cases. Some attorneys have special expertise in certain areas, like the death penalty, Internet crime against children or Montana’s laws protecting consumers and small businesses.
Attorneys in the office also provide legal assistance to state and local government on matters involving American Indian jurisdiction and federal reserved water rights. Others review – and in some cases, defend – constitutional challenges filed against state laws. Finally, lawyers in the Office provide legal services to the eight other divisions of the Montana Department of Justice.
Montana law holds that the attorney general may issue formal opinions in certain situations. Opinions issued by the attorney general hold the force of law unless overturned by a district court. Opinions are researched and written by assistant attorneys general for final approval by the attorney general. You can view an archive of attorney general opinions and attorney general letters of advice.
Attorneys in the Legal Services Division represent state agencies in lawsuits, represent Montana’s interests in complex civil cases where the state is a party, and prosecute criminals throughout the state to assist local county attorneys – particularly in complex cases or homicide cases. Some attorneys have special expertise in certain areas, like the death penalty, Internet crime against children or Montana’s laws protecting consumers and small businesses. Attorneys in the Office also provide legal assistance to state and local government on matters involving American Indian jurisdiction and federal reserved water rights. Others review – and in some cases, defend – constitutional challenges filed against state laws. Finally, lawyers in the Office provide legal services to the eight other divisions of the Montana Department of Justice.
Montana law holds that the attorney general may issue formal opinions in certain situations. Opinions issued by the attorney general hold the force of law unless overturned by a district court. Opinions are researched and written by assistant attorneys general for final approval by the attorney general. You can find an archive of attorney general opinions and attorney general letters of advice to the right of this page.
Montana law dictates the duties of the attorney general and their legal staff. That law stipulates certain things the attorney general may not do. The Attorney General:
- Cannot represent citizens in private legal matters,
- Does not have the authority to address complaints against private attorneys,
- Does not have authority over Montana judges, and
- Does not direct or supervise state agencies other than the Department of Justice. Questions or complaints about other state agencies should be directed to the specific agency’s director or to the office of the governor.
Find the Department of Justice’s policy on service of process upon the State of Montana and its officers; and serving notices of constitutional challenge here.
Agency Legal Services Bureau
The Agency Legal Services Bureau provides legal counsel to state government officials and state agencies. Attorneys in the bureau represent other state agencies in civil actions ranging from liability lawsuits to personnel issues.
Aislinn Brown, Interim Bureau Chief
1712 Ninth Avenue
P.O. Box 201440
Helena, MT 59620-1440
Phone: (406) 444-2026
Appellate Services Bureau
The division’s Appellate Services Bureau handles appeals of criminal matters, including death penalty cases, and represents the state in federal court when constitutional challenges are made to a criminal conviction.
Tammy Plubell, Bureau Chief
Phone: (406) 444-2026
Prosecution Services Bureau
This bureau assists local county attorneys by providing training and by assisting in the prosecution of complex criminal cases, particularly homicide cases. It also prosecutes cases where the county attorney has a conflict of interest; prosecutes drug cases and workers’ compensation and Medicaid fraud cases; and investigates complaints against county attorneys. Such complaints must be filed in writing and sent to the bureau via regular mail.
Dan Guzynski, Bureau Chief
Phone: (406) 444-2026
Training Coordinator
Phone: (406) 444-2026
Child Protection Unit
The Child Protection Unit (CPU) is a team of experienced child abuse prosecutors who assist county attorney’s offices by providing training and assisting in the prosecution of Dependency Neglect cases, including when the county attorney’s office requests assistance, has a conflict of interest, or is otherwise unable to represent the State. The CPU has offices in Billings, Helena, and Missoula and focuses on ensuring the best practice prosecution and resolution of child welfare cases in Montana.
Karen P. Kane, Supervising Attorney
Child Protection Unit
2677 Palmer St., Suite 300
Missoula, MT 59808
Phone: (406) 329-1564
You may contact the Office of the Attorney General by phone, fax, U.S. Mail and e-mail.
Please include your name and mailing address so that we can provide you with complete information when responding to your inquiry.
Office of the Attorney General
Montana Department of Justice
P.O. Box 201401
Helena, MT 59620-1401
Phone: (406) 444-2026
Fax: (406) 444-3549
E-mail: [email protected]