Commissioners appoint Sanders County attorneys as special deputies for potential conflict in DOJ investigation

Lincoln County commissioners on Nov. 19 adopted Resolution 2025-34 appointing attorneys from the Sanders County Attorney's Office to act as special deputy county attorneys in an ongoing Montana Department of Justice Division of Criminal Investigation matter (Case No. 25-Z00241).

The resolution, read into the record by a board member, cites Montana code provisions authorizing the appointment and notes the Sanders County attorneys will assist because prosecution by the Lincoln County Attorney's Office could present an actual conflict or the appearance of impropriety. The resolution states the special deputy attorneys will serve without payment of fee by Lincoln County, though the county will reimburse reasonable costs incurred during the investigation and prosecution.

Why this matters: The appointment preserves prosecutorial capacity while managing conflicts of interest and protects the integrity of the ongoing confidential investigation by routing work to an outside office. Commissioners said this measure has been used previously in similar circumstances and is standard practice when conflicts arise.

Procedure and vote: The board read the resolution, took a motion and second, and recorded an affirmative vote to adopt the measure. The chair directed the resolution be entered into the minutes and signed per statutory procedures.

Text and authority: The resolution references Montana Code Annotated provisions (read during the meeting) authorizing appointment of another attorney to perform criminal services and sets the resolution to take effect immediately upon adoption under cited MCA sections.

The board did not discuss the underlying facts of the confidential investigation beyond noting the case number and the need to avoid conflicts.