(1) The organization and function of the statewide public defender system are described in this rule.

(a) History. The statewide public defender system was established by Chapter 449, Laws of 2005, and reorganized by Chapter 358, Laws of 2017. The system is provided for in 47-1-104, MCA.

(b) Structure. The statewide system consists of the following:

(i) the director, appointed by the director of the Department of Administration;

(ii) the Public Defender Division;

(iii) the Appellate Defender Division;

(iv) the Conflict Defender Division; and

(v) the Central Services Division.

(2) Functions.

(a) Director. The director supervises the operations of the statewide system, as required by 47-1-105, MCA.

(b) Public Defender Division Administrator. The Public Defender Division Administrator administers the Public Defender Division as required by 47-1-201 and 47-1-202, MCA.

(c) Appellate Defender Division Administrator. The Appellate Defender Division Administrator administers the Appellate Defender Division as required by 47-1-301, MCA.

(d) Conflict Defender Division Administrator. The Conflict Defender Division Administrator administers the Conflict Defender Division as required by 47-1-401, MCA.

(e) Central Services Division Administrator. The Central Services Division Administrator administers the Central Services Division as required by 47-1-119, MCA.

(3) Contact Information.

(a) Office of the State Public Defender and Central Services Division, 44 West Park Street, Butte, MT 59701, telephone (406) 496-6080;

(b) Public Defender Division, 502 S. 19th, Suite 306, Bozeman, MT 59718, telephone (406) 444-5387;

(c) Appellate Defender Division, P.O. Box 200147, 555 Fuller, Helena, MT 59601, telephone (406) 444-9505; and

(d) Conflict Defender Division, 44 West Park Street, Butte, MT 59701, telephone (406) 496-6080.

(4) Organization Chart.

Organization Chart

Office of the State Public Defender

October 26, 2017

                              /s/ Harry Freebourn                                   /s/ Steve Bullock                

                                    Harry Freebourn, Interim Director                          Steve Bullock, Governor

(1) The Office of the State Public Defender (OPD) adopts and incorporates by reference the following model rules, which may be found at http://sos.mt.gov/: 

(a) the Attorney General's Model Procedural Rules ARM 1.3.201, 1.3.202, 1.3.211 through 1.3.224, and 1.3.226 through 1.3.233, including the appendix of sample forms in effect February 13, 2018. These rules provide model rules of practice for contested case hearings and declaratory rulings; and

(b) the Secretary of State's model rules ARM 1.3.101, 1.3.102, 1.3.301, 1.3.302, 1.3.304, 1.3.305, 1.3.307 through 1.3.309, and 1.3.311 through 1.3.313 in effect February 13, 2018. These rules define model requirements for rulemaking under the Montana Administrative Procedure Act.

This rule has been repealed.

(1) "Applicant" means a person who seeks public defender services. 

(2) "Income" includes, but is not limited to, all household wages; business or self-employment income; unemployment, social security or workers' compensation benefits; Supplemental Nutrition Assistance Program (SNAP) benefits; government assistance payments; dividends; pension, retirement, or interest income; and rental income. Child support, the percentage of veteran's benefits related to disability, and student financial aid are excluded from income. Applicant's income is subject to periodic review.

(3) "Regional office" means an office authorized under 47-1-104(2), MCA.

(4) "Substantial hardship" means that an evaluation of multiple criteria has determined that retaining competent private counsel would incur substantial hardship to the applicant or the members of the applicant's household. The criteria to be considered include, but are not limited to:

(a) gross household income less reasonable and necessary expenses;

(b) extent and liquidity of assets;

(c) severity of crime(s) charged;

(d) estimated cost of retaining private counsel; and

(e) incarceration status.

(1) The Central Services Division shall prepare forms to capture financial information from an applicant for public defender services, including an affidavit as required in 47-1-111(2), MCA. The forms must be reviewed biennially.

(2) Local OPD offices shall distribute the forms to courthouses, jails, and other venues determined appropriate by the offices.

(3) The applicant shall complete the forms following instructions provided on the forms and forward them to the appropriate regional office indicated on the forms.

(4) The staff of the local office shall review an applicant's forms and determine whether an applicant is indigent and qualifies for public defender services based on the income guidelines in 47-1-111(3)(a), MCA.

(5) The local office shall forward application forms for those who do not qualify based on income to the Central Services Division for an eligibility determination under the substantial hardship qualification in 47-1-111(3)(b), MCA, using criteria in ARM 2.69.203.

(6) The local office shall notify the applicant if the applicant does not qualify for public defender services, and shall file a motion to rescind with the court.

(7) All information collected on the forms must be treated as confidential except:

(a) as required in 47-1-111, MCA; or

(b) when judicial review of the determination is requested by the applicant. At that time, the forms shall be submitted to the court for in camera inspection.

This rule has been repealed.