Montana Code Annotated 2023

TITLE 47. ACCESS TO LEGAL SERVICES

CHAPTER 1. STATEWIDE PUBLIC DEFENDER SYSTEM

Part 2. Public Defender Services

Public Defender Division Administrator -- Duties

47-1-202. Public defender division administrator -- duties. (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 management procedures for regional offices are consistent with the policies and procedures provided by the central services division established in 47-1-119;

(c) establish procedures for managing caseloads and assigning cases in a manner that ensures that public defenders are assigned cases according to experience, training, and manageable caseloads and taking into account case complexity, the severity of charges and potential punishments, and the legal skills required to provide effective assistance of counsel;

(d) establish policies and procedures for assigning counsel in capital cases that are consistent with standards issued by the Montana supreme court for counsel for indigent persons in capital cases;

(e) work with the training coordinator provided for in 47-1-120 to establish and supervise a training and performance evaluation program for attorneys and nonattorney staff members and contractors;

(f) work with the central services division to establish procedures to handle complaints about public defender performance; and

(g) perform all other duties assigned by the director pursuant to this chapter.

(2) The public defender division administrator may not maintain a client caseload.

History: En. Sec. 8, Ch. 449, L. 2005; amd. Sec. 8, Ch. 344, L. 2011; amd. Sec. 29, Ch. 358, L. 2017.