What We Do
The Missoula County Attorney’s Office strives to attain justice for all by serving our diverse communities, supporting victims and families, and holding individuals accountable, while prioritizing workplace well-being, flexibility and collaboration.
Criminal Division
The Criminal Division is responsible for prosecuting all felony offenses that occur anywhere within Missoula County and all misdemeanor offenses that occur outside Missoula city limits. These primarily include referrals from the Missoula County Sheriff, the Missoula City Police Department and the Montana Highway Patrol but also include numerous other law enforcement agencies. In addition, the division handles the prosecution of all people under 18 in Youth Court.
Included within the Criminal Division is the Special Victims’ Unit (SVU), which is made up of four full-time prosecutors dedicated to handling cases involving victims of sexual assault, family violence and child abuse and exploitation.
Civil Division
The Civil Division provides legal advice to the County Commissioners, all county departments and to many sub-jurisdictions (such as school, fire, conservation, and weed districts) within Missoula County. The division works substantially on public health and land use issues for both Missoula Public Health and the Planning, Development and Sustainability Department.
The division represents the State of Montana in all proceedings in Missoula County involving enforcement of state laws covering Child Abuse or Neglect and Involuntary Commitments due to mental illness. Finally, the division performs the County Attorney's duties as Public Administrator of the estates of persons who die without any heirs.
A note on mental health commitments
Mental health commitments are also called “involuntary commitments”. In order to file a petition for Involuntary Commitment, the subject must meet one of the following criteria:
- Imminent risk of harm to self
- Imminent risk of harm to others
- Cannot meet their basic needs
A complaint is not filed, but the person is detained at a crisis facility. Once a petition is filed, a hearing must be arranged within three days to read the subject their rights. Once the subject has been read their rights, a commitment hearing must be held within five days. Most petitions are dismissed as the subject generally stabilizes and no longer meets criteria. Subjects can also agree to short-term treatment without a hearing. Only a District Court Judge can commit a person to the State Hospital, which can only be for a period of 90 days.