HOME    SEARCH    ABOUT US    CONTACT US    HELP   
           
Rule: 36.10.134 Prev     Up     Next    
Rule Title: LEGAL REPRESENTATION FOR STATE FIREFIGHTERS
Add to My Favorites
Add to Favorites
Department: NATURAL RESOURCES AND CONSERVATION
Chapter: FIRE MANAGEMENT
Subchapter: Fire Prevention on Forest Lands
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

Printer Friendly Version

36.10.134    LEGAL REPRESENTATION FOR STATE FIREFIGHTERS

(1) The department shall pay reasonable attorney fees and costs for outside legal counsel to defend a firefighter employed by the department against a criminal prosecution for a good faith act or omission by the firefighter arising from the firefighter's performance of duties during a wildfire. The department may determine whether the firefighter's act or omission was in good faith and arising from the performance of the firefighter's duties during a wildfire. The requirement to pay attorney fees and costs does not apply to any post-conviction legal proceedings.

(a) In determining whether a firefighter's act or omission was in good faith and arose from the firefighter's performance of duties during a wildfire, the department will consider, in addition to the factors contained in ARM 36.10.133(2) and (3), any other factors that the department determines are, on a case-by-case basis, relevant to that determination.

(2) In determining whether attorneys fees and costs are reasonable, the department will compare those charged with those that have been, or are normally charged under the circumstances in the county in which the criminal defense takes place, or if the department considers it necessary, those that are charged within the state or in states surrounding Montana.

(a) The department will take into account the complexity of a criminal defense in determining whether attorneys fees and costs are reasonable.

(b) The department will not pay attorneys fees and/or costs that exceed those that are reasonable.

History: 76-13-140, MCA; IMP, 76-13-140, MCA; NEW, 2008 MAR p. 2559, Eff. 12/12/08.


 

 
MAR Notices Effective From Effective To History Notes
36-22-132 12/12/2008 Current History: 76-13-140, MCA; IMP, 76-13-140, MCA; NEW, 2008 MAR p. 2559, Eff. 12/12/08.
Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security