Bill > HB46

This bill modifies existing Montana law regarding attorney changes by specifically exempting public defenders appointed under the Montana Public Defender Act from standard attorney change requirements. Currently, attorneys in legal actions can be changed with either the consent of the client and attorney (filed with the clerk or entered on the minutes) or by court order after notice is given to both parties. The new provision creates a specific exception for public defenders, meaning that the office of state public defender can assign or reassign attorneys for indigent clients without having to follow the traditional procedural steps for changing attorneys. This change appears designed to provide more administrative flexibility for the public defender system, potentially allowing for more efficient management of legal representation for clients who cannot afford a private attorney. The bill amends section 37-61-403 of the Montana Code Annotated to implement this change, with the goal of streamlining the process for appointing and changing public defenders.

Justice

https://bills.legmt.gov/#/laws/bill/20251/LC0250