Montana Attorney General Records
Scope and Contents
This collection consists of records from the office of the Montana Attorney General related to cases handled bt the office. The case files (1947-1979) represented in the records range from the state litigating cases against illegal gambling operations to a class action lawsuit in which the state was a complainant, to a case dealing with reapportionment of representatives and the state being the respondent. The largest of all of these files is the class action lawsuit the state participated in against several pharmaceutical manufacturers in the matter of price fixing of the antibiotic tetracycline.
Also represented are what the office called "service files" (1977-1978), which are the files compiled by the office in the execution of its role of attorney for the various departments within the state government. The service files document complaints made against the departments, as well as how these complaints were handled by the office. At times the office took the lead in representing the departments, but others were handled by in-house attorneys. The rest of the records comprise the subject files (1967-1974). These files cover a variety of topics, including an easement request from the Montana Power Company, and several other similar files related to the Attorney General's seat on the state Land Board, another file regrarding the subject of purchasing, and yet another related to the sentence of an inmate in the Montana State Prison.
The materials consist of agreements, correspondence,environmental impact statements,invoices, legal briefs, legal motions, news clippings, printed materials, photographs, receipts,reports, and transcripts.
Dates
- Creation: 1947-1979, undated
- Creation: 1890-1910
- Creation: 1957-1982
- Creation: 1893-1969
Language of Materials
English
Conditions Governing Access
Collection is open for research.
Conditions Governing Use
The Montana Historical Society is the owner of the materials in the Research Library and makes available reproductions for research, publication, and other uses. Written permission must be obtained from the Research Library before any reproduction use. The Society does not necessarily hold copyright to all of the materials in the collections. In some cases, permission for use may require seeking additional authorization from the copyright owners.
Biographical / Historical
The Attorney General of Montana is an elected official, established by Article VII, Section 1 of the 1889 Constitution, and again in Article VI, Section 1 of the 1972 Constitution. The Attorney General is elected for a term of 4 years and is defined as the legal officer of the state. Also stipulated in the law concerning this position, there are certain things the holder of this office may not do, including represent citizens in private legal matter, address complaints against private attorneys, hold authority of Montana judges, and direct or supervise departments other than the Department of Justice. However, the Attorney General is allowed to issue formal opinions in certain situations, and once issued these opinions gold the force of law unless they are overturned by a district court. The Attorney General is also a member of the Montana Land Board and Board of Examiners.
In addition to the Attorney General, the office is also comprised of assistant attorneys who, as a unit, function as the lawyers for the State of Montana. The attorneys have a broad knowledge base in a variety of legal subjects and handle a wide variety of legal cases involving the State of Montana. This team of attorneys provides representation for state agencies in lawsuits, the State of Montana in complex civil litigation, and assists local county attorneys in the prosecution of criminals. The team draws upon their legal areas of interest and expertise when needed. These areas include the death penalty, internet crime against children, consumer protection, Native American jurisdiction issues, federal reserved water rights, and constitutional challenges filed against state laws.
Extent
6.4 linear feet
Abstract
This collection consists of records from the office of the Montana Attorney General related to cases handled by the office. The records consist of a variety of materials including legal briefs, correspondence, and motions.
Arrangement
This collection is organized in three series: Case Files, 1947-1979; Service Files, 1977-1978; and Subject Files, 1967-1974. Each series is arranged alphabetically by folder title.
Physical Location
32:8-5
Immediate Source of Acquisition
Acquisition information available upon request
- Title
- Guide to the Montana Attorney General Records, 1947-1979, undated
- Author
- Finding aid prepared by MHS Staff
- Date
- 2015
- Description rules
- Finding Aid Based On Dacs (Describing Archives: A Content Standard, 2nd Edition)
- Language of description
- Undetermined
- Script of description
- Code for undetermined script
- Language of description note
- Finding aid written in English.
Repository Details
Part of the Montana Historical Society, Research Center Archives Repository
225 North Roberts
PO Box 201201
Helena MT 59620-1201 United States
406-444-2681
406-444-2696 (Fax)
mhslibrary@mt.gov