Montana Code 47-1-301. Appellate defender division — division administrator
47-1-301. Appellate defender division — division administrator. (1) There is an appellate defender division. The appellate defender division must be located in Helena, Montana.
Terms Used In Montana Code 47-1-301
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- 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
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Indigent: means that a person has been determined under the provisions of 47-1-111 to be indigent and financially unable to retain private counsel. 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
(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.