Table of Contents TITLE 3. JUDICIARY, COURTS CHAPTER 5. DISTRICT COURTS Part 2. District Court Judges
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Mont. Code Ann. § 3-5-202

Qualifications and residence

(1) A person is not eligible for the office of judge of a district court unless the person is a citizen of the United States, has resided in the state 2 years immediately before taking office, and has been admitted to practice law in Montana for at least 5 years prior to the date of appointment or election.

(2) A judge of a district court need not be a resident of the district for which the judge is elected or appointed at the time of election or appointment, but after election or appointment, the judge must reside in the district for which the judge is elected or appointed during the judge's term of office.

Opinions construing this section

1 opinion
2016 MT 102 May 10, 2016 Affirmed
State v. Davis
Majority by Beth Baker · 5 to 0
ul and complete judicial review by a law-trained judge.” Canaday, 687 P.2d at 900. Montana district court judges must be admitted to practice law in Montana. Section 3-5-202(1), MCA. When acting as an appellate court, district court judges review questions of law and mixed questions of law and fact de novo. Duffy v. State, 2005 MT 228, ¶
Official Annotations archive.org, 2025 edition
History:
En. Sec. 161, C. Civ. Proc. 1895
Re-en. Sec. 6309, Rev. C. 1907
Re-en. Sec. 8863, R.C.M. 1921
Cal. C. Civ. Proc. Sec. 157
Re-en. Sec. 8863, R.C.M. 1935
Amd. Sec. 1, Ch. 15, L. 1973
Amd. Sec. 29, Ch. 344, L. 1977
R.C.M. 1947, 93-702(part)
Amd. Sec. 1, Ch. 406, L. 1989
Amd. Sec. 168, Ch. 61, L. 2007 (SB 40 - Cocchiarella, Vicki (D) SD 47)
Source text on leg.mt.gov