County Attorneys are elected officials. They represent both their own county and the State of Montana within their county. County Attorneys are responsible for the prosecution of all felony crimes occurring in their county, and all misdemeanor crimes occurring outside the city limits of any city within their county. They are responsible for defending or prosecuting all civil claims for or against their county. County Attorneys are also required to represent agencies of the State of Montana when required by law or when directed to do so by the Attorney General.
The Powell County Attorney is a full time position. Full-time County Attorneys are prohibited from private practice, cannot represent private clients, and cannot give legal advice to private citizens. The Powell County Attorney's office also employs one Deputy County Attorney. This position was added primarily to handle crime which occurs at the Montana State Prison located in Powell County and to assist the State of Montana in the prosecution of escapes from Pre-Release Centers located throughout the State of Montana. Funding for the Powell County Deputy Position is provided primarily through the Montana Department of Corrections. The position also handles some Powell County matters.
The County Attorney is prevented by law from giving legal advice to private citizens on civil matters. If you have questions regarding a civil matter, you should contact a private attorney. People have found the Montana Law Help website and the "Legal Resources" section of the Montana Bar Association website helpful in understanding private civil matters.
409 Missouri Ave., Suite 301
Deer Lodge, MT 59722
(406) 846-1031 fax
Office Hours: Monday – Friday, 8 a.m. to 5 p.m., except holidays
Closed for lunch 12:00 to 1:00 p.m.
Lewis K. Smith ‑ County Attorney
Patrick Moody – Deputy County Attorney
Sarah Ward – Legal Assistant