Montana
The state of Montana funds and administers all indigent defense services in adult criminal trials. A state agency administers services. The state has no commission providing oversight of the agency.
The state of Montana funds all indigent defense services for adult criminal cases in its appellate court. A state agency administers services. The state has no commission providing oversight of the agency.
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56 Counties State Funded
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56 Counties State Administered
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56 Counties with No Commission, But Statewide Authority
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56 Counties State Funded
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56 Counties State Administered
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56 Counties with No Commission, But Statewide Authority
The state-funded Montana Office of the State Public Defender (OPD) administers indigent defense services across the state. Public defender offices, grouped in three regions, provide primary services. Conflict offices, also grouped in three regions, handle conflict cases. Private attorneys paid on an hourly or flat fee basis under contract with OPD handle overflow cases. The state agency also handles juvenile cases, appeals, and some civil matters.
The Department of Administration’s director, a governor-appointee, hires OPD’s director. The director is charged with setting standards, appointing and supervising division heads, and overseeing indigent defense statewide. The state does not have a separate commission to provide oversight of the director.
The state-funded Montana Office of the State Public Defender (OPD) administers indigent defense services across the state at the trial and appeal level. The Appellate Defender Division of OPD, staffed by public defenders, provides appellate representation. An administrator manages the division. For conflict cases, the administrator can contract with private attorneys paid on an hourly or flat fee basis. The state agency also handles juvenile representation.
The Department of Administration’s director, a governor-appointee, hires OPD’s director. The director is charged with setting standards, appointing and supervising division heads, and overseeing indigent defense statewide. The state does not have a separate commission to provide oversight of the director.
Dig Deeper
How is the director of the Office of the State Public Defender selected?
In which branch of state government does the indigent defense system reside?
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Criminal justice issues that disproportionately harm poor people, such as wrongful convictions and over-incarceration, cannot be fixed if indigent defendants are given attorneys who do not have the time, resources, or qualifications, to be a constitutional check on government. Yet, investment in improving indigent defense services remains largely neglected. The Sixth Amendment Center is the only nonprofit organization in the country that exclusively examines, uncovers, and helps fix the root of the indigent defense crisis in which inequality is perpetuated because poor defendants do not get a fair fight.
The Sixth Amendment Center is a tax-exempt 501(c)(3) nonprofit organization under EIN: 45-3477185.
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