47-1-401. Conflicts of interest -- conflict defender division administrator, MCA

Montana Code Annotated 2025

TITLE 47. ACCESS TO LEGAL SERVICES

CHAPTER 1. STATEWIDE PUBLIC DEFENDER SYSTEM

Part 4. Conflict of Interest Services

Conflicts Of Interest -- Conflict Defender Division Administrator

47-1-401. Conflicts of interest -- conflict defender division administrator. (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 division is unable to provide representation to a defendant. The head of the division is the conflict defender division administrator, who is hired and supervised by the director.

(2) The conflict defender division administrator must be an attorney licensed to practice law in the state.

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

(a) regional conflict public defenders;

(b) conflict managing public defenders;

(c) conflict public defenders; and

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

History: En. Sec. 12, Ch. 344, L. 2011; amd. Sec. 25, Ch. 358, L. 2017; Sec. 47-1-118, MCA 2015; redes. 47-1-401 by Sec. 47(3)(d), Ch. 358, L. 2017; amd. Sec. 5, Ch. 61, L. 2019; amd. Sec. 13, Ch. 228, L. 2025.