Montana Attorney General's Office records, 1947-1979, undated

The Attorney General of Montana is an elected official, established by Article VII, Section 1 of the 1889 Constitution, and again in Article VI, Section 1 of the 1972 Constitution. The Attorney General is elected for a term of 4 years and is defined as the legal officer of the state. Also stipulated in the law concerning this position are certain things the holder of this office may not do, including represent citizens in private legal matter, address complaints against private attorneys, hold authority of Montana judges, and direct or supervise departments other than the Montana Department of Justice. However, the Attorney General is allowed to issue formal opinions in certain situations, and once issued these opinions gold the force of law unless they are overturned by a district court. The Attorney General is also a member of the Montana Land Board and Board of Examiners.

In addition to the Attorney General, the office is also comprised of assistant attorneys who, as a unit, function as the lawyers for the State of Montana. The attorneys have a broad knowledge base in a variety of legal subjects and handle a wide variety of legal cases involving the State of Montana. This team of attorneys provides representation for state agencies in lawsuits, the State of Montana in complex civil litigation, and assists local county attorneys in the prosecution of criminals. The team draws upon their legal areas of interest and expertise when needed. These areas include the death penalty, internet crime against children, consumer protection, Native American jurisdiction issues, federal reserved water rights, and constitutional challenges filed against state laws.

As of 2025, the Attorney General's Office operates within the Montana Department of Justice.