Montana Code Annotated 2023

TITLE 76. LAND RESOURCES AND USE

CHAPTER 13. TIMBER RESOURCES

Part 1. Protection of Forest Resources

Legal Representation For State Firefighters

76-13-140. 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 postconviction legal proceedings.

(2) The department shall adopt rules to implement this section.

History: En. Sec. 2, Ch. 464, L. 2007.