{"data":{"id":"us-mt/16-12-115","jurisdiction":"us-mt","citation":"16-12-115","heading":"Appointment of judge.","body":"(1) A petition for expungement or resentencing of a marijuana conviction filed as provided in 16-12-113 may be determined by a judge pro tempore or special master, who must be a member of the bar of the state, agreed on in writing by the petitioner and the county attorney, appointed by the supreme court as provided in 3-5-115, and sworn to determine whether the petitioner meets the criteria for expungement or resentencing as provided in 16-12-113. On appointment, the individual must be designated as the decriminalized marijuana conviction expungement judge.\n(2) A judge appointed under subsection (1) has the authority and power of an elected district court judge in the civil action involving petitions filed as provided in 16-12-113. All proceedings must be conducted in accordance with the rules of evidence and procedure governing district courts.\n(3) Any determination rendered in a petition by the judge has the same force and effect as if determined by the district court with the regular judge presiding.\n(4) A party stipulating to have a petition determined by the judge appointed under subsection (1) may not file a motion for substitution of the judge pursuant to 3-1-804.\n(5) All filings relating to a petition filed as provided in 16-12-113 must be filed with the clerk of court in the judicial district in which the marijuana conviction took place. The applicant and the county attorney shall provide a copy of each filing to the judge appointed as provided in subsection (1).","path":["TITLE 16. ALCOHOL, TOBACCO, AND MARIJUANA","CHAPTER 12. MARIJUANA REGULATION AND TAXATION","Part 1. General Provisions"],"source_url":"https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0150/0160-0120-0010-0150.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:48:06Z","sha256":"8d9ac8b638ab764296255f28bd60c6df4b195653248d1eb9b6d9d4385db47abe","source_id":"us-mt","stale":false,"prev":"us-mt/16-12-114","next":"us-mt/16-12-116"},"notice":"GroundRules: Original legal text. Not legal advice."}