The Balance of power between state and county attorney.
In: Business & Economy, Government & Politics, News Headlines

By Ken Adelblue, News Director

 

Helena, Mont. — Attorney General Austin Knudsen has invoked supervisory control over Gallatin County Attorney Audrey Cromwell, citing her failure to issue a memorandum clarifying that Gallatin County may share confidential criminal justice information with U.S. Immigration and Customs Enforcement for civil immigration enforcement purposes. Knudsen discussed the decision with the Northern News Network.

Asked why the decision was made, Knudsen said the move was necessary to enforce state law.

“It’s not something I do lightly, and it’s not something I enjoy doing,” Knudsen said. “Montana law is very clear. County attorneys and local law enforcement will cooperate with other law enforcement agencies, including ICE. You’ve got a situation where the Gallatin County attorney has repeatedly refused to cooperate with ICE, refused to recognize them as a legitimate law enforcement agency and refused to share criminal justice information with them. That is in violation of state law. She has tried to put this back on me, but she refuses to rectify the situation. I had no choice but to exercise my supervisory authority over her office.”

In practical terms, Knudsen said Montana law grants the attorney general broad supervisory authority over county attorneys, though the action in this case is limited.

“I have a lot of respect for county attorneys. I was a county attorney,” he said. “The Legislature recognized there may be times when oversight is necessary. We chose not to invoke broad authority here. I’m not taking over her entire office or caseload. This is a very limited directive telling her to correct the situation.”

Knudsen said the directive focuses specifically on compliance with state law regarding cooperation with federal agencies.

When asked how the situation compares to a recent immigration-related dispute in Lewis and Clark County, Knudsen said he does not view it as part of a broader trend.

“I think you have a vocal minority that can influence local officials,” he said. “But the Legislature sets the law for counties and cities. As much as local elected officials might want to play politics, they should focus on public safety and infrastructure.”

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