47-1-302. Appellate defender division administrator -- duties, MCA

Montana Code Annotated 2025

TITLE 47. ACCESS TO LEGAL SERVICES

CHAPTER 1. STATEWIDE PUBLIC DEFENDER SYSTEM

Part 3. Appellate Services

Appellate Defender Division Administrator -- Duties

47-1-302. Appellate defender division administrator -- duties. (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 management procedures for appellate 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 appellate 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 central services division 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 appellate public defender performance; and

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

(2) The appellate defender division administrator may maintain a minimum client caseload as determined by the director.

History: En. Sec. 3, Ch. 228, L. 2025.