Montana Code 47-1-119. Central services division — responsibilities — department of administration to support
47-1-119. Central services division — responsibilities — department of administration to support. (1) There is a central services division in the office of state public defender. The division must be located in Butte, Montana. The central services division is supervised by an administrator hired by the director.
Terms Used In Montana Code 47-1-119
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Court: means the supreme court, a district court, a youth court, a justice's court, a municipal court, or a city court. See Montana Code 47-1-103
- Director: means the director of the office of state public defender hired by the director of the department of administration as provided in 2-15-1029. See Montana Code 47-1-103
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Office: means the office of state public defender established in 2-15-1029. See Montana Code 47-1-103
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Public defender: means an attorney employed by or under contract with the office and assigned to provide legal counsel to a person under the provisions of this chapter, including attorneys employed by or under contract with the appellate defender division and the conflict defender division. See Montana Code 47-1-103
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- system: means the system of public defender services established pursuant to this chapter. See Montana Code 47-1-103
(2)The central services division shall:
(a)manage eligibility determination under 47-1-111;
(b)manage contracting under 47-1-121;
(c)manage training pursuant to 47-1-120;
(d)provide administrative support to the director; and
(e)actively seek gifts, grants, and donations that may be available through the federal government or other sources to help fund the system.
(3)The central services division shall establish for the office of state public defender:
(a)standard procedures to handle complaints about public defender performance and work with the public defender division administrator, appellate defender division administrator, and conflict defender division administrator to ensure that public defenders, office personnel, and clients are aware of avenues available for bringing a complaint and that office procedures do not conflict with the disciplinary jurisdiction of the supreme court and the rules promulgated pursuant to Article VII, section 2, of the Montana constitution and the applicable provisions of Title 37, chapter 61;
(b)processes and procedures to ensure that employees and contract personnel use information technology and caseload management systems so that detailed expenditure and caseload data is accurately collected, recorded, and reported; and
(c)budgeting, reporting, and related administrative requirements for the office of state public defender, including procedures for the approval, payment, recording, reporting, and management of all defense expenses.
(4)The following expenses are payable by the central services division if the expense is incurred at the request of a public defender and is authorized by the director:
(a)witness and interpreter fees and expenses as provided for in Title 26, chapter 2, part 5, and 46-15-116; and
(b)transcript fees, as provided in 3-5-604.
(5)If the costs to be paid pursuant to subsection (4) are not paid directly, reimbursement must be made within 30 days of the receipt of a claim.
(6)The department of administration established in 2-15-1001 shall provide central services support to the extent feasible and efficient.