Matt Cochenour

Matt served as the Acting Solicitor General for the State of Montana from June 2019 until February 2021. Matt was an Assistant Attorney General for 13 years and also served as Senior Tax Counsel for the Montana Department of Revenue from 2021 until 2023.

Matt has authored more than 90 appellate briefs in state and federal appellate courts and has argued several cases before the Montana Supreme Court and the United States Court of Appeals for the Ninth Circuit. In 2016, Matt served as a Supreme Court Fellow for the National Association of Attorney General’s Center for Supreme Court Advocacy in Washington D.C. During the fellowship, Matt coauthored the Supreme Court Report, took part in U.S. Supreme Court moot court panels, and helped prepare state attorneys to argue before the Supreme Court. Matt has also argued many cases in the lower courts, including several involving important constitutional questions.

Matt graduated with High Honors from the University of Montana School of Law, where he was a member of both the National Moot Court Competition Team and the Association of Trial Lawyers of America Trial Team. Following law school, Matt clerked for Justice W. William Leaphart of the Montana Supreme Court.

Matt’s practice focuses on appellate litigation, federal and state court litigation, mediation, and consulting.

  • United States Supreme Court

    Coventry Health Care of Missouri, Inc. v. Nevils, 137 S. Ct. 1190 (2017). Drafted amicus brief of Montana and 20 other states in case involving federal preemption of state anti-subrogation laws.

    National Ass’n for Gun Rights, Inc. v. Mangan, 140 S. Ct. 2825 (June 1, 2020) (cert. denied). Briefed opposition to certiorari in First Amendment challenge to Montana’s Disclose Act.

    Lair v. Mangan, 139 S. Ct. 916 (Jan. 14, 2019) (cert. denied). Briefed opposition to certiorari in First Amendment challenge to candidate contribution limits.

    Montana v. Tipton, 139 S. Ct. 1167 (Feb. 19, 2019) (cert. denied). Briefed petition for certiorari asking Court to clarify that Ex Post Facto Clause does not bar revival of a statute of limitations period in rape cases where the suspect is conclusively identified by DNA after the statute of limitations has expired.

  • Montana Supreme Court

    Montana Ass’n of Counties v. State of Montana, 2023 MT 225, 414 Mont. 128, 538 P.3d 1136 (Defended Montana state agency in original proceeding in Montana Supreme Court).

    Public Lands Access Ass’n v. Bd. of County Comm’r of Madison County, 2014 MT 10 (Briefed and argued in defense of Montana’s Stream Access Law).

    State v. Allen, 2010 MT 214, 357 Mont. 495, 241 P.3d 1045 (Briefed and argued case involving privacy expectations in the use of wireless phones).

  • Ninth Circuit Court of Appeals

    Montanans for Community Development v. Mangan, 735 Fed. Appx. 280 (9th Cir. 2018) (Briefed and argued in defense of Montana’s Disclose Act in case raising numerous constitutional claims).

    Lair v. Motl, 873 F.3d 1170 (9th Cir. 2017) (Briefed and argued in defense of Montana’s contribution limits for candidates for political office).

Representative Cases

  • United States Supreme Court

  • Supreme Court of Montana

  • United States Court of Appeals for the Ninth Circuit

  • United States Court of Appeals for the DC Circuit

  • District Court for the District of Montana

  • District Court for the District of North Dakota

Admissions

  • Appellate Law: Getting Ready for Oral Argument, Montana Lawyer (Dec.-Jan. 2020-2021) (coauthored with Stuart Segrest).

  • Appellate Brief Writing: A Primer, Montana Lawyer (Aug. 2020) (coauthored with Stuart Segrest).

  • Supreme Court Report (National Association of Attorneys General Fall 2016).

  • Presented training on appellate advocacy in federal and state courts, 2022 Bench Bar CLE (April 20, 2022).

  • Presented training on the certiorari process and practice before the U.S. Supreme Court for the State Bar of Montana, Public Law Section, “Ford Motor Company v. Montana Eighth Judicial District Court CLE” (Nov. 19, 2020).

Publications and Presentations