Montana lawmakers examine public defense, ‘gap between reality and justice’

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Montana lawmakers examine public defense, ‘gap between reality and justice’
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The Montana Office of the Public Defender is coming off one of its most tumultuous years since the agency was concentrated from county offices into an obligation of the state.

Editor's note: This story is part of 'Broken Defense,' an investigative series from Lee Enterprises. More details about this project can be found at the bottom of this article.

People are also reading… In its second week, the Montana Legislature this month began digging into the materials that will eventually shape OPD’s ability to carry out its obligation to provide effective representation to people who can’t afford it. Top state agency officials told Lee Newspapers over the past year that workloads assigned to attorneys have mostly disregarded the agency’s own caseload limit by nearly 200%, according to Schandelson. For more than a decade OPD policy has stated that attorneys should take on no more than 125 new cases per month, but the agency never tracked attorney hours, and therefore never abided by that limit policy.

According to the most recent data following Harris’ order, more than 67% of OPD’s unassigned cases in September 2021 were in Yellowstone County, OPD officials told lawmakers. Counties still shared the public defense cost, but the state eventually covered more than its share. Attempts to realign that arrangement was killed by city and county lobbyists during the 2019 Legislature.

An investigator with the office created a memo detailing the recantation, but Schandelson told Lee Newspapers it’s unclear what happened to the document. At the time, Yellowstone County Office was taking on twice as many cases as it could handle, and Jefferson-Dust’s attorney was days from retirement.

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