MontanaPublic defender would set up family and child counsel units
The public defender's director would set up units to represent parents and children in abuse and neglect cases, while limiting contract lawyers where practical.
What it does
The public defender's director would set up up to two units for parents, guardians, and legal custodians, and one for children, to provide counsel in abuse and neglect cases.
The director would limit reliance on contract attorneys when doing so is ethically and practically possible.
The director would work with the state health department to make the most of federal resources for representing children.
Argument forSeparate units led by managing attorneys could help parents and children receive counsel focused on their needs in abuse and neglect cases.
Argument againstLimiting contract lawyers where practical could leave the office with fewer ways to cover family and child cases when its staff cannot take them.
More detail
The director would set up up to two units to represent parents, guardians, and legal custodians, and one unit to represent children. The units would serve parents, guardians, legal custodians, and children entitled to counsel under section 41-3-425 in abuse and neglect cases. Each unit must have a managing attorney. Counsel is for people entitled to representation under section 41-3-425. The proposed act would take effect July 1, 2025.
The director would limit the office's use of contract attorneys while carrying out the unit requirements. The direction applies to the Office of the State Public Defender. The limit applies only to the extent it is ethically and practically possible. The proposed act would take effect July 1, 2025.
The director would work with the Department of Public Health and Human Services to make the most of federal resources. The direction applies to the director's work on the children's representation unit. The collaboration concerns Title IV-E resources under the Social Security Act. The proposed act would take effect July 1, 2025.
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Where it stands
- Introduced
- Died
Looking ahead
No hearings or votes scheduled.
History
- 2025
- May 23(S) Died in ProcessDied
- Apr 25(H) Motion
- Vote recorded Take from APH to Third reading - Howell. Result: fail.Lower
- Apr 24(H) Tabled in Committee - (H) AppropriationsMinor
- Vote recorded to_table. Result: fail.Lower
- Apr 23(H) Taken from Table in Committee - (H) Appropriations
- Vote recorded to_take_from_the_table. Result: pass.Lower
- Apr 10(H) Tabled in Committee - (H) AppropriationsMinor
- Vote recorded to_table. Result: pass.Lower
- Apr 10(H) Hearing - (H) Appropriations
- Apr 9(H) Rereferred to Committee - (H) AppropriationsMinor
- Vote recorded Do Concur. Result: pass.Lower
- Apr 9(H) 2nd ReadingMinor
- Apr 9(H) Scheduled for 2nd ReadingMinor
- Apr 4(H) Committee Report - (H) Judiciary
- Apr 3(H) Committee Executive Action - (H) Judiciary
- Vote recorded be_concurred_in. Result: pass.Lower
- Mar 29(H) Hearing - (H) Judiciary
- Feb 24(S) Revised Fiscal Note Printed
- Feb 22(S) Revised Fiscal Note Signed
- Feb 21(S) Revised Fiscal Note ReceivedMinor
- Feb 19(H) 1st Reading
- Feb 19(H) Referred to Committee - (H) JudiciaryMinor
- Feb 18(S) Transmitted to House
- Vote recorded Do Pass. Result: pass.Upper
- Feb 18(S) 3rd Reading
- Feb 18(S) Scheduled for 3rd ReadingMinor
- Feb 18(S) Revised Fiscal Note Requested
- Feb 15(S) 2nd ReadingMinor
- Vote recorded Do Pass. Result: pass.Upper
- Feb 15(S) Scheduled for 2nd ReadingMinor
- Feb 13(S) Committee Report - (S) Finance and Claims
- Feb 12(S) Committee Executive Action - (S) Finance and Claims
- Feb 11
- Vote recorded do_pass_as_amended. Result: pass.Upper
- Jan 31(S) Hearing - (S) Finance and Claims
- Jan 30(S) Rereferred to Committee - (S) Finance and ClaimsMinor
- Vote recorded Do Pass As Amended. Result: pass.Upper
- Vote recorded AMD-SB0151.001.002 Lenz D/PASS. Result: pass.Upper
- Jan 30(S) 2nd ReadingMinor
- Jan 30(S) 2nd Reading Motion to AmendMinor
- Jan 30(S) Scheduled for 2nd ReadingMinor
- Jan 29(S) 2nd Reading Pass ConsiderationMinor
- Jan 27(S) Fiscal Note Printed
- Vote recorded do_pass. Result: pass.Upper
- Jan 27(S) Committee Report - (S) Judiciary
- Jan 27(S) Committee Executive Action - (S) Judiciary
- Jan 24(S) Fiscal Note Unsigned
- Jan 23(S) Fiscal Note ReceivedMinor
- Jan 17(S) Fiscal Note Requested
- Jan 16(S) Hearing - (S) Judiciary
- Jan 16(S) Referred to Committee - (S) JudiciaryMinor
- Jan 15(S) 1st Reading
- Jan 14(S) Introduced
- Jan 14(LC) Draft Delivered to Requester
- Jan 13(LC) Draft Ready for Delivery
- Jan 13(LC) Draft in Assembly
- Jan 13(LC) Draft in Final Drafter Review
- Jan 12(LC) Draft in Input/Proofing
- Jan 10(LC) Draft in Edit
- Jan 10(LC) Draft in Legal Review
- Jan 9(LC) Draft Taken Off Hold
- 2024
- Nov 27(LC) Draft On Hold
- Nov 25(LC) Draft Taken Off Hold
- Oct 7(LC) Draft On Hold
- Oct 4(LC) Drafter AssignedIntroduced
Criminal Justice