1. MCA Contents
  2. TITLE 37
  3. CHAPTER 61
  4. Part 4
  5. 37-61-418 Attorney may see prisoner

Montana Code Annotated 2023

TITLE 37. PROFESSIONS AND OCCUPATIONS

CHAPTER 61. ATTORNEYS AT LAW

Part 4. Provisions Regulating Practice

Attorney May See Prisoner

37-61-418. Attorney may see prisoner. All public officers, sheriffs, coroners, jailers, constables, or other officers or persons having in custody any person committed, imprisoned, or restrained of the person's liberty for any alleged cause shall admit any practicing attorney in this state whom the person restrained of liberty may desire to see or consult, to see and consult the imprisoned person, alone and in private, at the jail or other place of custody. Any officer violating this provision shall forfeit and pay $100 to the person aggrieved, to be recovered by action of debt in any court of competent jurisdiction.

History: En. Sec. 13, p. 373, Bannack Stat.; re-en. Sec. 13, p. 378, Cod. Stat. 1871; re-en. Sec. 52, 5th Div. Rev. Stat. 1879; re-en. Sec. 114, 5th Div. Comp. Stat. 1887; re-en. Sec. 415, C. Civ. Proc. 1895; re-en. Sec. 6407, Rev. C. 1907; re-en. Sec. 8990, R.C.M. 1921; re-en. Sec. 8990, R.C.M. 1935; R.C.M. 1947, 93-2117; amd. Sec. 1441, Ch. 56, L. 2009.