Montana Public Defender Act

Since Montana is one of the states where I'd like to get a job (sssh! Don't tell my girlfriend!), I've been reading up a bit on Montana's recently revamped public defender system. As NLADA notes, the state passed the Montana Public Defender Act last June. It supposedly attempts to implement the ABA's 10 Principles of a Public Defense System (PDF). The Act was a response to a lawsuit brought by the ACLU charging that Montana's previous system of indigent defense was insufficient. According to the ACLU, the system was badly in need of reform (but at least it wasn't as bad as its neighbor, ND, where the public defender system is being run by a prosecutor).

From a quick read of the Montana Act, it looks like the legislation takes public defender responsibilities from the county level and moves them to the state level by creating a State Public Defender Office headed by a Chief Public Defender. The Chief will hire one Deputy Public Defender for each of 11 “regions” in the state. I'm not sure how regions are delineated. Those Deputies will then hire and manage public defenders for their regions, and/or contract w/private attorneys to furnish indigent defense. The whole thing will be governed by a Public Defender Commission whose 11 members will be appointed by the governor.

All of this sounds fine and dandy, but what I want to know is: 1) Does this mean they'll be hiring and employing more or fewer public defenders? and 2) How, where, and when should I apply for such a job? The Commission was supposed to have been appointed by July 1, 2005. Did it happen? The state was advertising for a Chief Public Defender, so that's a good sign, and it seems a safe bet that any public defender jobs will be advertised on the state jobs site, as well. But who knows? I guess I'll just have to keep my eyes peeled, but if any one out there has any more info or tips, the comments are always open!

Of course, there are also forces at work encouraging me to go to someplace like Michigan or Illinois. It looks like Cook County might be a good bet in the Land of Lincoln, but what about MI? Washtenaw County (Ann Arbor) would be nice, but it doesn't appear to be hiring at the moment. Not that most openings advertised right now would really be relevant anyway b/c if a public defender's office is advertising a job now, that's a pretty good sign it wants an attorney now—not a year from now after I pass the bar. *sigh*

Posted October 5, 2005 04:56 PM | Montana crimlaw