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Attorney General of Montana
| Montana Attorney General | |
| General information | |
| Office Type: | Partisan |
| Office website: | Official Link |
| Term limits: | Two terms in a 16 year period |
| Structure | |
| Length of term: | 4 years |
| Authority: | Montana Constitution, Article VI, Section 1 the Executive Department |
| Selection Method: | Elected |
| Current Officeholder | |
| Name: | Tim Fox |
| Officeholder Party: | Republican |
| Assumed office: | January 7, 2013 |
| Compensation: | $99,712 |
| Elections | |
| Next election: | November 8, 2016 |
| Last election: | November 6, 2012 |
| Other Montana Executive Offices | |
| Governor • Lieutenant Governor • Secretary of State • Attorney General • Treasurer • Auditor • Superintendent of Public Instruction • Agriculture Director • Insurance Commissioner • Natural Resources Director • Labor Commissioner • Public Service Commission | |
Contents |
Current officeholder
The current Attorney General is Tim Fox. He won election in 2012 and was sworn in on January 7, 2013.[1]
Authority
The state Constitution addresses the office of attorney general in Article VI, the Executive Department.
Under Article VI, Section I:
|
The executive branch includes a governor, lieutenant governor, secretary of state, attorney general... |
Qualifications
A candidate for attorney general must be:
- at least 25 years of age or older at the time of election
- a citizen of the United States
- have resided within the state at least two years at his election
- be an attorney in good standing admitted to practice in Montana and have been actively practicing for at least 5 years
Elections
Article VI of the Montana State Constitution stipulates that the attorney general is a publicly elected official who serves a term of four years. Terms begin the first Monday of January following election.
2012
- See also: Montana attorney general election, 2012
Incumbent Steve Bullock (D) did not run for re-election. Tim Fox (R) defeated Pam Bucy (R) in the November 6, 2012 general election.
| Attorney General of Montana General Election, 2012 | ||||
|---|---|---|---|---|
| Party | Candidate | Vote % | Votes | |
| Democratic | Pam Bucy | 46.3% | 218,228 | |
| Republican | 53.7% | 252,916 | ||
| Total Votes | 471,144 | |||
| Election Results via Montana Secretary of State. | ||||
Term limits
Article VI of the Montana State Constitution stipulates that the attorney general is a publicly elected official who serves a term of four years. This statewide officer will, according to Article IV, Section 8, have served in that office or had he not resigned or been recalled would have served in that office 8 or more years in any 16-year period.
Vacancies
Details of vacancies are addressed under Article VI, Section 6.
If the attorney general's office is vacant due to death, resignation, or disability, the Governor shall appoint a new attorney general.
Duties
The state Constitution addresses the duties of the attorney general in Article VI, Section 4.
Under Article VI, Section 4(4):
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The attorney general is the legal officer of the state and shall have the duties and powers provided by law. |
Role in the initiative process
There are two main ways in which the Montana attorney general influences the initiative and referendum process. First, the attorney general works with the secretary of state and with the submittors of proposed ballot measures to ensure the legality of ballot language. Second, the attorney general can issue opinions offering interpretations about aspects of the initiative process about which there is some ambiguity--and these opinions have the force of the law.
Ballot text approval
After the ballot measure text has been approved, a copy goes to the attorney general's office to verify its legality. If the attorney general determines that a proposed issue is legally sufficient but that the ballot statements clearly do not comply with legal requirements, the attorney general prepares statements that comply with applicable requirements and forwards them to the Secretary of State. The review by the attorney general must be completed within 30 days of when the attorney general receives the draft petition.
The attorney general also writes an explanatory statement for all ballot measures that is published in the Voter Information Pamphlet (2006 example). The statement is required to be an impartial explanation of the purpose of the ballot measures. It is also required to be written using easy-to-understand language. Part of the explanatory statement includes "for" and "against" sections for each issue on the ballot. If necessary, the attorney general will also prepare a fiscal statement.
Compensation
The state Constitution addresses compensation of executive officials in Article VI, Section 5.
Under Article VI, Section 5(1):
|
Officers of the executive branch shall receive salaries provided by law. |
In 2010, the Montana Attorney General was paid an estimated $89,602 according to the Council of State Governments.[2]
Historical officeholders
Since 1889 Montana has had 23 attorneys general.[3]
| # | Name | Took office | Left office | Party |
|---|---|---|---|---|
| 1 | Henri J. Haskill | November 8, 1889 | January 4, 1897 | |
| 2 | C.B. Nolan | January 4, 1897 | January 7, 1901 | |
| 3 | James Donovan | January 1, 1901 | January 2, 1905 | |
| 4 | Albert J. Galen | January 2, 1905 | January 6, 1913 | |
| 5 | D.M. Kelly | January 6, 1913 | May 31, 1915 | |
| 6 | J.B. Poindexter | May 31, 1915 | January 1, 1917 | |
| 7 | S.C. Ford | January 1, 1917 | January 3, 1921 | |
| 8 | Wellington D. Rankin | January 3, 1921 | August 30, 1924 | |
| 9 | L.A. Foot | August 30, 1924 | January 2, 1933 | |
| 10 | Raymond T. Nagle | January 2, 1933 | November 1, 1936 | |
| 11 | Enor K. Matson | November 1, 1936 | January 4, 1937 | |
| 12 | Harrison K. Freebourn | January 4, 1937 | January 6, 1941 | |
| 13 | John W. Bonner | January 6, 1941 | May 1, 1942 | |
| 14 | Howard M. Gullickson | May 1, 1942 | August 3, 1949 | |
| 15 | R.V. Bottombly | August 3, 1942 | January 7, 1957 | |
| 16 | Arnold H. Olsen | January 3, 1949 | January 7, 1957 | |
| 17 | Forrest H. Anderson | January 7, 1957 | January 5, 1969 | |
| 18 | Robert I. Woodahl | January 6, 1969 | January 2, 1977 | |
| 19 | Mike Greely | January 3, 1977 | January 2, 1989 | |
| 20 | Marc Racicot | January 2, 1989 | January 4, 1993 | |
| 21 | Joseph P. Mazurek | January 4, 1993 | January 2, 2001 | |
| 22 | Mike McGrath | January 2, 2001 | January 5, 2009 | Democratic |
| 23 | Stephen Bullock | January 5, 2009 | January 7, 2013 | Democratic |
| 24 | Tim Fox | January 7, 2013 | Present | Republican |
Contact Information
Attorney General Steve Bullock
Department of Justice
P.O. Box 201401
Helena, MT 59620-1401
Phone: 406-444-2026
Fax: 406-444-3549
E-mail: contactdoj@mt.gov
See also
External links
References
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