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Current as of January 01, 2024 | Updated by Findlaw Staff
(1) There is an appellate defender division. The appellate defender division must be located in Helena, Montana.
(2)(a) The director shall hire and supervise the appellate defender division administrator to manage and supervise the appellate defender division.
(b) The appellate defender division administrator must be an attorney licensed to practice law in the state.
(3) Subject to approval by the director, the appellate defender division administrator shall:
(a) direct, manage, and supervise all public defender services provided by the appellate defender division;
(b) ensure that when a court orders the appellate defender division to assign an appellate lawyer or when a defendant or petitioner is otherwise entitled to an appellate public defender, the assignment is made promptly to a qualified and appropriate appellate defender who is immediately available to the defendant or petitioner when necessary;
(c) ensure that appellate defender assignments comply with the provisions of 47-1-202(1)(c) and standards for counsel for indigent persons in capital cases issued by the Montana supreme court;
(d) hire and supervise the work of appellate defender division personnel;
(e) contract for services as provided in 47-1-121 and as authorized by the director according to the strategic plan for the delivery of public defender services;
(f) keep a record of appellate defender services and expenses of the appellate defender division and submit records and reports to the central services division provided for in 47-1-119;
(g) implement standards and procedures established by the director for the appellate defender division;
(h) maintain a minimum client caseload as determined by the director;
(i) confer with the director on budgetary issues and submit budgetary requests and information for the reports required by law or by the governor; and
(j) perform all other duties assigned to the appellate defender division administrator by the director.
Cite this article: FindLaw.com - Montana Title 47. Access to Legal Services § 47-1-301. Appellate defender division--division administrator - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-47-access-to-legal-services/mt-st-47-1-301/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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