MT: New Public Defender System Goes Into Effect

This July, the state of Montana launched its new statewide public defender system, opening a headquarters in Butte and eleven regional offices across the state.

The 2005 Montana legislature designed the new system in response to a successful 2002 lawsuit filed by the ACLU (the suit was put on hold in 2004 so the legislature could overhaul the system). The lawsuit shed light on the old county-based system, in which indigent representation varied widely from county to county. People's attorneys often did not meet with them for weeks or months after their arrests, and could only spend minimal time on the cases (the average in Missoula county was less than five hours per felony case).

Key changes from the old system include:

• Montana's indigent defense attorneys will have to meet a rigorous set of standards and will handle a maximum of 150 cases per year.
  
• People who are being held in local jails will be able to call their attorneys on the phone, and will be able to meet their attorneys prior to their initial court appearance.
  
• A statewide commission will oversee the system and review individual attorneys' performances.
  
• In some counties that do not maintain a public defender office, private attorneys will be appointed by the new regional offices instead of by local judges.
  
• Attorneys representing poor clients will have access to investigators and support staff to assist in preparing a case.
  

The new system will cost millions to implement, and opinions vary about whether or not it may save money in addition to being more fair.

This newsbrief is based on articles from the Great Falls Tribune, New Public Defender Launches Office and the Missoulian, New Public Defense System Launched (these articles have been archived by the NACDL). If these links do not work, please check the newspapers' archives.