Montana Code Annotated 2017

TITLE 47. ACCESS TO LEGAL SERVICES

CHAPTER 1. STATEWIDE PUBLIC DEFENDER SYSTEM

Part 2. Public Defender Services

Public Defender Division -- Personnel -- Compensation -- Expenses

47-1-201. Public defender division -- personnel -- compensation -- expenses. (1) There is a public defender division. The head of the division is the public defender division administrator, who is supervised by the director.

(2) The public defender division administrator must be an attorney licensed to practice law in the state. The public defender division administrator is appointed by and serves at the pleasure of the director. The position of public defender division administrator is exempt from the state classification and pay plan as provided in 2-18-103. The director shall establish compensation for the position commensurate with the position's duties and responsibilities, taking into account the compensation paid to prosecutors with similar responsibilities.

(3) The public defender division administrator shall hire or contract for and supervise other personnel necessary to perform the function of the public defender division, including but not limited to:

(a) deputy public defenders, as provided in 47-1-215, who are exempt from the state classification and pay plan as provided in 2-18-103;

(b) assistant public defenders; and

(c) other necessary administrative and professional support staff for the public defender division.

(4) Positions established pursuant to subsections (3)(b) and (3)(c) are classified positions, and persons in those positions are entitled to salaries, wages, benefits, and expenses as provided in Title 2, chapter 18.

History: En. Sec. 7, Ch. 449, L. 2005; amd. Sec. 16, Ch. 486, L. 2009; amd. Sec. 5, Ch. 24, L. 2011; amd. Sec. 2, Ch. 394, L. 2011; amd. Sec. 13, Ch. 120, L. 2013; amd. Sec. 28, Ch. 358, L. 2017.