Bill > HB116

This bill establishes a framework for attorneys to appear remotely in Montana courts, particularly for court-appointed attorneys appearing in nonsubstantive hearings. Under the new law, courts must create a consistent process for remote appearances, with attorneys required to use a camera when appearing virtually. The bill defines "nonsubstantive hearings" as court events where no substantive outcome will be decided, such as arraignments, bond hearings, status conferences, scheduling hearings, and calendar calls. While remote appearance is generally permitted, courts can mandate in-person attendance if they find "good cause" and provide a written order at least 5 business days before the hearing. "Good cause" can include the court's technological limitations. The bill also specifies that remote appearances must involve two-way audio-video communication that allows all participants to hear and see each other, and enables private communication between defendants and their court-appointed attorneys. This legislation aims to provide flexibility in court appearances while maintaining the integrity of legal proceedings.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC0251