1 chapters · 16 sections in this title.
Mont. Code Ann. § 47-1-101 Short Title
0.1K chars
This chapter may be cited as the "Montana Public Defender Act".
Mont. Code Ann. § 47-1-102 Purpose
1.0K chars
The purposes of this chapter are to: (1) establish a statewide public defender system to provide effective assistance of counsel to indigent criminal defendants and other persons in civil cases who are entitled by law to assistance of counsel at public expense; (2) ensure that th…
Mont. Code Ann. § 47-1-103 Definitions
1.1K chars
As used in this chapter, unless the context clearly requires otherwise, the following definitions apply: (1) "Court" means the supreme court, a district court, a youth court, a justice's court, a municipal court, or a city court. (2) "Director" means the director of the office of…
Mont. Code Ann. § 47-1-104 Statewide System -- Structure And Scope Of Services -- Assignment Of Counsel At Public Expense
5.0K chars
(1) There is a statewide public defender system, which is required to deliver public defender services in all courts in this state. The system is supervised by the director. The director must be an attorney licensed to practice law in the state. (2) The director shall approve a s…
Mont. Code Ann. § 47-1-105 Director -- Duties -- Report -- Standards For Public Defender Services Qualification And Training
3.9K chars
(1) The director shall supervise and direct the system. In addition to other duties assigned pursuant to this chapter, the director shall: (a) establish the qualifications, duties, and compensation of the public defender division administrator provided for in 47-1-201, hire the p…
Mont. Code Ann. § 47-1-111 Eligibility -- Determination Of Indigence -- Rules
6.3K chars
(1) (a) When a court orders the office to assign counsel to an applicant for public defender services, the office shall immediately assign counsel prior to a determination under this section. (b) If the person for whom counsel has been assigned is later determined pursuant to thi…
Mont. Code Ann. § 47-1-119 Central Services Division -- Responsibilities -- Contracted Services -- Training -- Department Of Administration To Support
5.1K chars
(1) There is a central services division in the office of state public defender. The division must be located in Butte, Montana. The central services division is supervised by an administrator hired and supervised by the director. (2) The central services division administrator s…
Mont. Code Ann. § 47-1-125 Reports
3.0K chars
(1) (a) The office shall submit a biennial report to the governor, the supreme court, and the law and justice interim committee in accordance with 5-11-210. (b) The biennial report must cover the preceding biennium and include: (i) all policies or procedures in effect for the ope…
Mont. Code Ann. § 47-1-201 Public Defender Division -- Personnel
0.7K chars
(1) There is a public defender division. The head of the division is the public defender division administrator, who is hired and supervised by the director. (2) The public defender division administrator must be an attorney licensed to practice law in the state. (3) The public d…
Mont. Code Ann. § 47-1-202 Public Defender Division Administrator -- Duties
1.5K chars
(1) In addition to the duties provided in 47-1-201 and subject to approval by the director, the public defender division administrator shall: (a) develop and implement a regional strategic plan for the delivery of public defender services; (b) ensure that administrative managemen…
Mont. Code Ann. § 47-1-215 Regional Offices -- Regional Public Defenders
1.2K chars
(1) The public defender division administrator shall hire, assign, and supervise a regional public defender to manage and supervise each regional office established pursuant to 47-1-104(2). (2) Subject to approval by the public defender division administrator, each regional publi…
Mont. Code Ann. § 47-1-301 Appellate Defender Division -- Personnel
0.7K chars
(1) There is an appellate defender division. The appellate defender division must be located in Helena, Montana. The head of the division is the appellate defender division administrator, who is hired and supervised by the director. (2) The appellate defender division administrat…
Mont. Code Ann. § 47-1-302 Appellate Defender Division Administrator -- Duties
1.5K chars
(1) In addition to the duties provided in 47-1-301 and subject to approval by the director, the appellate defender division administrator shall: (a) develop and implement a strategic plan for the delivery of appellate public defender services; (b) ensure that administrative manag…
Mont. Code Ann. § 47-1-401 Conflicts Of Interest -- Conflict Defender Division Administrator
1.0K chars
(1) There is a conflict defender division to provide for the representation of agency clients in circumstances in which, because of conflict of interest, lack of caseload capacity, or to further the client's best interest, the public defender division or the appellate defender di…
Mont. Code Ann. § 47-1-402 Conflict Defender Division Administrator -- Duties
1.5K chars
(1) In addition to the duties provided for in 47-1-401 and subject to approval by the director, the conflict defender division administrator shall: (a) develop and implement a regional strategic plan for the delivery of conflict defender services; (b) ensure that administrative m…
Mont. Code Ann. § 47-1-403 Conflict Regional Offices -- Conflict Regional Public Defenders
1.3K chars
(1) The conflict defender division administrator may, with the approval of the director, hire, assign, and supervise a conflict regional public defender to manage and supervise each conflict regional office in the conflict defender division established pursuant to 47-1-104(2). (2…