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What is the City Attorney?

"City Attorney in Montana Municipalities: Appointment, Duties, and Legal Role in Local Government"

The appointment of a city attorney is not required by law but is thought by many local officials to be a practical necessity and is common practice in all classes of cities and towns. To be appointed as a city attorney the person must have been licensed to practice as an attorney in Montana. If the attorney is to serve as an independent contractor, rather than as an in-house employee in the larger municipalities, the two-year appointment required by law is made by
the mayor and is subject to the approval of the city or town council. The appointment should take the form of a two-year written contract that specifies the duties expected to be performed for the government by the city attorney, the amount and type of compensation, and the supervising official.


The duties of the city attorney that are required by law 7‐4‐4604, MCA include:

  1. Appear before the city court and other courts and prosecute on behalf of the city;

  2. Serve upon the attorney general within 10 days of the filing or receipt a copy of any notice of appeal that the city attorney files or receives in a criminal proceeding; See Part II of this Handbook for a comprehensive and detailed presentation of the duties and responsibilities of the municipal clerk and clerk-treasurer along with model policies and standard operating procedures. Montana Municipal Officials Handbook 28

  3. When required, draft for the city council contracts and ordinances for the government of the city;

  4. When required, give to the mayor or city council written opinions on questions pertaining to the duties and the rights, liabilities, and powers of the city; and

  5. Perform other duties that pertain to the functions of the city council or that the city council prescribes by resolution. The engagement of a city attorney does not prevent the city or town council from retaining separate legal counsel to provide additional legal services such as specialized representation or litigation.