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Evaluations and Technical AssistanceMontana Statewide Indigent Defense System Bill Gets First HearingOn January 18, the Montana Legislature had the first hearing on Senate Bill 146 creating a statewide public defender system. The bill, if enacted, would create a statewide indigent defense commission to oversee all indigent defense services across the state and with the authority to promulgate standards to performance, caseloads, attorney qualification, training, contracting and uniform data collection. Senate Bill 146 would authorize the new commission to hire a State Chief Public Defender to oversee up to 11 regional delivery systems. The bill would roll the existing State Appellate Public Defender office under the auspices of the commission, as well as created a centralized training office. The bill was introduced by Senator McGee, the minority Republican Leader in the Senate, and was heard in the Judiciary Committee chaired by Democratic Senator. Wheat. McGee and Wheat were part of a bipartisan sub-committee that is chiefly responsible for drafting the legislation. Montana Attorney General Mike McGrath was the first of seventeen people or organizations to testify in favor of the bill. Others included, the Catholic Charities, Montana Association of Counties, the Montana District Attorney's Association, and the City manager of Billings. In fact, every single person who testified at the hearing spoke in favor of the bill. The final testimony was from the Governor's Budget Chief. He closed by saying that the Governor considers repairing indigent defense to be one of his top three priorities of his administration. NLADA is working closely with the ACLU to make sure that the appropriation for the bill is adequate to ensure that the new commission can complete its mission. Louisiana Reform Still Pushing ForwardOn February 11th, the Louisiana Task Force on Indigent Defense will meet to consider and discuss various structural reform proposals. Currently, the Louisiana Public Defenders Association (LaPDA) is advocating a statewide commission model that would allow for local jurisdictions to retain administration of their indigent defense systems if they objectively show that the system is in compliance with commission promulgated standards. LaPDA has adopted the Georgia performance guidelines into their proposal. The Louisiana Association of Criminal Defense Lawyers (LACDL) is proposing a more wholesale reform approach that would eliminate all existing local indigent defender boards and place the authority for the administration of all indigent defense services in the hands of a 15-member commission. The commission would hire a Defender General to oversee centralized capital, training, appellate, and management information services units. Five Deputy Defender Generals would oversee regional offices that would deliver services through a combination of staffed offices and contract services in each of the states five appellate circuits. For more information on the work of NLADA regarding evaluations and technical assistance, contact David Carroll, Director of Research & Evaluations, NLADA. (202) 452-0620 d.carroll@nlada.org |
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© Copyright, 2011
National Legal Aid & Defender Association,
1140 Connecticut Ave. NW, Suite 900, Washington, DC 20036
(Phone) 202.452.0620 | (Fax) 202.872.1031 |
info@nlada.org
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