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MONTANA - STATEWIDE DEFENDER SYSTEMS DEVELOPMENT STUDY

NCJ Number
40320
Author(s)
M D HARRIS; J DARRAH; S HUFFAKER; A PARLAPIANO; P EATON
Date Published
1976
Length
50 pages
Annotation
A EVALUATION, DATED DECEMBER 1976, OF MONTANA LEGAL SERVICES FOR INDIGENT DEFENDANTS WITH RECOMMENDATIONS FOR A NEW DEFENSE SERVICES SYSTEM.
Abstract
THE REPORT FIRST PRESENTS A DESCRIPTIVE OVERVIEW INCLUDING PERCEPTIONS OF ATTORNEYS AND COURT PERSONNEL INTERVIEWED BY THE CONSULTANTS IN A LARGE URBAN DISTRICT, AN INTERMEDIATE-SIZED URBAN AREA, AND A RURAL AREA. FUNDING, INDEPENDENCE OF THE DEFENDER, SUPPORT SERVICES, EARLY REPRESENTATION, AVAILABILITY OF EXPERIENCED ATTORNEYS, AND CASELOAD AND COST REPORTING ARE TOPICS DISCUSSED FOR EACH OF THE THREE AREAS. RECOMMENDATIONS INCLUDE: THAT THE LEGISLATURE CREATE 'THE MONTANA DEFENDER CORPORATION'; THAT THE MONTANA PUBLIC DEFENDER CONTRACT WITH ONE OR MORE ATTORNEYS IN EACH OF THE DISTRICTS FOR HANDLING CASES ON A FULL-TIME BASIS; THAT A CENTRAL OFFICE BE ESTABLISHED TO HANDLE CRIMINAL APPEALS AND SUPPORTIVE RESEARCH; THAT ONE OR MORE SPECIALIZED TRIAL ATTORNEYS BE MAINTAINED BY THE STATE FOR COMPLICATED CASES; THAT A LIST OF AVAILABLE ASSIGNED COUNSEL BE MAINTAINED TO DRAW FROM IN CASE OF CO-DEFENDANTS OR OVERLOAD; THAT COMMUNITY SUPPORT BE MOBILIZED BY CIRCUIT DEFENDERS; THAT SUFFICIENT SUPPORT SERVICES BE PROVIDED; AND THAT ORIENTATION, TRAINING AND CONTINUED LEGAL EDUCATION BE PROVIDED TO DEFENDERS AND PANEL ATTORNEYS. SAMPLE BUDGETS AND COST EFFECTIVENESS EVALUATIONS ARE INCLUDED. APPENDIXES CONTAIN TECHNICAL ASSISTANCE REQUESTS AND CONSULTANTS' RESUMES. (AUTHOR ABSTRACT MODIFIED)...TWH