47-1-402. Conflict defender division administrator -- duties, MCA

Montana Code Annotated 2025

TITLE 47. ACCESS TO LEGAL SERVICES

CHAPTER 1. STATEWIDE PUBLIC DEFENDER SYSTEM

Part 4. Conflict of Interest Services

Conflict Defender Division Administrator -- Duties

47-1-402. Conflict defender division administrator -- duties. (1) In addition to the duties provided for in 47-1-401 and subject to approval by the director, the conflict defender division administrator shall:

(a) develop and implement a regional strategic plan for the delivery of conflict defender services;

(b) ensure that administrative management procedures for conflict 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 conflict 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 conflict public defender performance; and

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

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

History: En. Sec. 1, Ch. 228, L. 2025.