10-1-205. Vacating commissions or warrants. The commission or warrant of an officer must be vacated:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Montana Code 10-1-205

  • Conviction: A judgement of guilt against a criminal defendant.
  • 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

(1)upon acceptance by the governor of the resignation of the officer; or

(2)by an order of the governor discharging the officer:

(a)for failure to maintain the officer’s qualifications for federal recognition;

(b)upon the scheduled or actual termination or withdrawal of the officer’s federal recognition when federal recognition is a prerequisite for continued service;

(c)upon a change in federal reserve status that makes the officer ineligible for continued assignment to a unit of the organized militia;

(d)for the officer’s absence from duty without leave for more than 3 months;

(e)upon the recommendation of a board of examination or the sentence of a court-martial;

(f)upon conviction of a felony; or

(g)upon final sentencing to confinement in a federal or state penitentiary or correctional institution as defined in 45-2-101.