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MontanaHB 10269th Legislature, Regular Session (2025)House

Revise laws related to public defenders for clarity

Sponsored By: Jade Sooktis (Democrat)

Signed by Governor

CourtsCriminal ProcedureState Government

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 5 benefits, 0 costs, 1 mixed.

State pays key defense fees

The central services division pays witness, interpreter, and transcript fees when a public defender requests them and the director authorizes them. If it does not pay directly, it reimburses the claim within 30 days. This lowers out‑of‑pocket costs in public defender cases.

Central office in Butte runs support

The law places the central services division in Butte. It runs eligibility checks, contracting, training, practice support, and data for the whole system. It hires staff to oversee contractor assignments and to manage training and litigation support, including co‑counsel help. It sets complaint, IT, budgeting, and expense procedures and seeks grants. The Department of Administration provides support when it is feasible and efficient. The office must send yearly and biennial reports with staffing, caseload, and detailed spending by court and case type.

Fairer contracting and client protections

Contracts must be awarded through a competitive process that looks at lawyer qualifications, caseloads, reporting, performance, training, and cost. Contracts cannot be based only on the lowest price or a flat fee that ignores how many cases are assigned. Contract defenders may not accept money or benefits from assigned clients. These public defender contracts are exempt from the normal state procurement law. A contracted private lawyer may also serve as a CASA or guardian ad litem only in a separate appointment with no conflict of interest.

New conflict defender help statewide

The law creates a conflict defender division to take cases when the main offices have a conflict, lack capacity, or it serves the client’s best interest. The division head is a Montana‑licensed attorney and does not carry a client caseload. The division hires regional conflict defenders and support staff. Each region sets quick assignment rules so a lawyer is available right away when a court orders counsel and follows state standards.

Stronger statewide leadership and standards

Beginning July 1, 2025, the director must be a Montana‑licensed attorney. The director sets statewide standards for lawyer qualifications, training, caseload limits, performance reviews, and contractor pay, and adopts rules to run the system. The director hires and evaluates division administrators. Administrators must be attorneys; the public defender administrator may not carry clients, and the appellate administrator may carry a small caseload only if the director sets it. The law caps the system at no more than 11 regions and requires prompt, experience‑matched case assignments in each region.

Old rules repealed; office rent shifts

The law repeals older statutes that set a training coordinator and a separate contracted‑services section, replacing them with the new central programs. It also removes the rule that the state office must pay rent, utilities, and maintenance for regional offices. Local or state partners now handle those costs under other laws or agreements.

Sponsors & Cosponsors

Sponsor

  • Jade Sooktis

    Democrat • House

Cosponsors

  • Barry Usher

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 237 • No: 158

Senate vote • 4/8/2025

Do Concur

Yes: 39 • No: 9

Senate vote • 3/20/2025

Do Pass

Yes: 32 • No: 18

Senate vote • 3/20/2025

Rerefer to Finance and Claims-Hertz

Yes: 27 • No: 23

Senate 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

    4/8/2025Senate

  9. Committee Report

    4/7/2025Senate

  10. Committee Executive Action

    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

    3/20/2025Senate

  18. 2nd Reading Motion to Amend

    3/20/2025Senate

  19. 2nd Reading Pass Consideration

    3/15/2025Senate

  20. Committee Report

    2/12/2025Senate

  21. Committee Executive Action

    2/11/2025Senate

  22. Hearing

    2/3/2025Senate

  23. Referred to Committee

    1/27/2025Senate

  24. 1st 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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