Montana Attorney General Opinion 16-361

Opinion No. 361. Crime and Criminal Procedure- Courts-Justice of the Peace -Fines, May Not Remit. HELD: A Justice of the Peace is without authority to remit a fine which has been imposed by him. October 7, 1936. Mr. Kenneth F. MacDonald State Fish and Game Warden The Capitol You inquire as to whether or not a justice of the peace who has imposed a fine upon a party found guilty of a violation of the fish and game laws of this state, may thereafter remit such fine. The power to remit fines which have been imposed upon one convicted of a crime is reserved to the Gover- nor of this state, with the approval of the board of pardons, under the Constitution and laws of the state (Constitution, Article VII, Section 9; R. C. Section 12247). It has been held 356 OPINIONS OF THE ATTORNEY GENERAL generally that in states where the power to remit fines is reserved to the Governor that a court which has imposed a· fir.e upon the defendant, may not in thf! absence of a special statute authorizing it, remit such fine (25 C. J. 1168). There appears to bl': no such statute in the State of Mon- tana; therefore, a justice of the peace is without authority to remit a fin~ which .has been imposed by him. This opinion does not cover the question of suspension of jail sen- tences.