Montana Code 2-2-103. Public trust — public duty
2-2-103. Public trust — public duty. (1) The holding of public office or employment is a public trust, created by the confidence that the electorate reposes in the integrity of judicial officers, public officers, legislators, and public employees. A judicial officer, public officer, judge, legislator, or public employee shall carry out the individual’s duties for the benefit of the people of the state.
Terms Used In Montana Code 2-2-103
- Judicial officer: includes all judicial officers, justices, district court judges, and judges of the judicial branch of state government. See Montana Code 2-2-102
- Judicial officers: means justices of the supreme court, judges of the district courts, justices of the peace, municipal judges, and city judges. See Montana Code 1-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Public employee: means :
(a)any temporary or permanent employee of the state, including an employee of the judicial branch;
(b)any temporary or permanent employee of a local government;
(c)a member of a quasi-judicial board or commission or of a board, commission, or committee with rulemaking authority; and
(d)a person under contract to the state. See Montana Code 2-2-102
- Public officer: includes any state officer and any elected officer of a local government. See Montana Code 2-2-102
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)A judicial officer, public officer, judge, legislator, or public employee whose conduct departs from the person‘s public duty is liable to the people of the state and is subject to the penalties provided in this part for abuse of the public’s trust.
(3)This part sets forth various rules of conduct, the transgression of any of which is a violation of public duty, and various ethical principles, the transgression of any of which must be avoided.
(4)(a) The enforcement of this part for:
(i)judicial officers, state officers, judges, legislators, and state employees is provided for in 2-2-136;
(ii)legislators, involving legislative acts, is provided for in 2-2-135 and for all other acts is provided for in 2-2-136;
(iii)local government officers and employees is provided for in 2-2-144.
(b)Any money collected in the civil actions that is not reimbursement for the cost of the action must be deposited in the general fund of the unit of government.