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MontanaHB 10269th Legislature, Regular Session (2025)House

Revise laws related to public defenders for clarity

Sponsored By: Jade Sooktis (Democrat)

Became Law

CourtsCriminal ProcedureState Government

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 5 benefits, 0 costs, 0 mixed.

New statewide public defender system

Beginning July 1, 2025, the state runs public defense in up to 11 regions. A conflict defender division ensures separate counsel when there is a conflict, and an appellate defender division is based in Helena. Division leaders set fair caseload and capital-case assignment rules and align training and reviews. The director hires and evaluates division heads. Regional leaders manage local offices; some administrators do not carry client caseloads.

State pays defense costs and rent

The central services office pays defense costs that a public defender requests and the director authorizes, like witness, interpreter, and transcript fees. If it does not pay directly, it must reimburse within 30 days. The state public defender office also pays for regional office rent, utilities, and maintenance. Counties and cities do not pay these office costs.

Statewide hub for defender training and data

The central services office is based in Butte. It runs eligibility checks, contracts, training, and litigation support for public defenders. It sets a standard complaint process and requires staff and contractors to use case and expense tracking systems. The office must file a detailed report every two years and a caseload report each year by September 30. Every five years, starting from 2011, a fiscal analyst compares public defender costs with revenue trends.

Stronger child representation and conflict rules

The director sets child-focused standards and training for lawyers in abuse and neglect cases. Lawyers must meet with the child in person at least every three months and investigate and advocate for the child’s needs. Public defenders cannot serve as guardians ad litem or court-appointed special advocates in youth or abuse and neglect cases. A private contract attorney may serve only if the work is separate and has no conflict of interest.

Stronger contracts and no client payments

Contracts for public defender work must be competitive and cannot be picked only by lowest bid or flat fees that ignore caseload. Contract lawyers cannot take any money or benefits from assigned clients. Certain public defender contracts are exempt from the state procurement act so the office can use its own process. Old training and contracting statutes are repealed and replaced by these new rules.

Sponsors & Cosponsors

Sponsor

  • Jade Sooktis

    Democrat • House

Cosponsors

  • Barry Usher

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 237 • No: 158

House vote • 4/8/2025

Do Concur

Yes: 39 • No: 9

House vote • 3/20/2025

Do Pass

Yes: 32 • No: 18

House vote • 3/20/2025

Rerefer to Finance and Claims-Hertz

Yes: 27 • No: 23

House vote • 3/20/2025

AMD-HB0102.001.002 Lenz D/PASS

Yes: 23 • No: 26

House vote • 1/24/2025

Do Pass

Yes: 60 • No: 38

House vote • 1/23/2025

Do Pass

Yes: 56 • No: 44

Actions Timeline

  1. Chapter Number Assigned

    5/5/2025House

  2. Signed by Governor

    5/1/2025House

  3. Transmitted to Governor

    4/22/2025House

  4. Signed by President

    4/21/2025Senate

  5. Signed by Speaker

    4/18/2025House

  6. Returned from Enrolling

    4/10/2025House

  7. Sent to Enrolling

    4/8/2025House

  8. 3rd Reading Concurred

    4/8/2025Senate

  9. Committee Report--Bill Concurred

    4/7/2025Senate

  10. Committee Executive Action--Bill Concurred

    4/7/2025Senate

  11. Fiscal Note Printed

    4/4/2025House

  12. Fiscal Note Signed

    4/3/2025House

  13. Hearing

    4/2/2025Senate

  14. Fiscal Note Received

    4/2/2025House

  15. Fiscal Note Requested

    3/28/2025Senate

  16. Rereferred to Committee

    3/20/2025Senate

  17. 2nd Reading Concurred

    3/20/2025Senate

  18. 2nd Reading Motion to Amend Failed

    3/20/2025Senate

  19. 2nd Reading Pass Consideration

    3/15/2025Senate

  20. Committee Report--Bill Concurred

    2/12/2025Senate

  21. Committee Executive Action--Bill Concurred

    2/11/2025Senate

  22. Hearing

    2/3/2025Senate

  23. Referred to Committee

    1/27/2025Senate

  24. First Reading

    1/27/2025Senate

  25. Transmitted to Senate

    1/27/2025House

Bill Text

  • Enrolled

    4/15/2025

    PDF

  • Introduced

    12/16/2024

    PDF

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