Butte-Silver Bow county attorney warns of heavy caseload, staffing gaps and recommends structural review

Butte-Silver Bow County Attorney Matt Enruth told the study commission that his dual role as both the City of Butte and county attorney leaves his office stretched thin and grappling with a high volume of crime and limited staff. "I am the Butte Silver Bow County Attorney. I have a dual role. I am the City Of Butte's Attorney and the county attorney," Enruth said.

Enruth said the office prosecutes “about 400 felonies a year and over 2,000 misdemeanors a year,” and described recruitment difficulties for entry-level attorneys. He told commissioners the current open county attorney position, listed at about $93,000 a year, had attracted no applicants in three weeks. "I have had 0 applicants in 3 weeks," he said.

Why it matters: Enruth told the commission the caseload and staff shortages affect court calendars, the handling of major crimes and social-service matters (dependent-neglect and involuntary commitments) and can strain victim services. He urged the study commission to consider whether government reorganization or added positions would improve service and legal coverage across city and county responsibilities.

Major duties and caseload: Enruth reviewed the office’s duties — advising elected officials and department directors, drafting ordinances and contracts, defending lawsuits, prosecuting criminal cases, handling dependent-neglect and involuntary commitment proceedings and supporting specialty courts (DUI, veterans, family drug court). He also noted the office operates a victim-advocate position that helps with temporary protection orders and victim contact.

Causes and capacity: Enruth attributed part of the higher crime volume to Butte’s geography and services: the intersection of I‑90 and I‑15, which he described as a national trafficking corridor; a pre-release center that concentrates parolees and probationers in the community; and local business types that can attract transient populations. He said those factors, combined with a statewide shortage of attorneys and evolving statutory responsibilities placed on counties, result in greater local demand for prosecutors.

Staffing and pay: Enruth gave specifics on current pay and staffing: he said his own salary is $138,000 a year; the chief deputy makes about $120,000; deputies are at roughly $111,000; paralegals/legal assistants earn about $50,000; and the victim-witness advocate is roughly $60,000. He said paralegals in his office are “underpaid” relative to local private firms and urged higher pay for those positions. He also noted the county pays an outside contractor for dependent-neglect cases at about $120,000–$125,000 a year and said that contract does not fully cover required staffing.

Recruitment challenges: Enruth said competition from private-sector remote work and other government positions, plus the court and criminal work’s hours and stress, make hiring difficult. He said some neighboring openings that offer fewer duties or better pay still fail to attract candidates: "It's just the bar in the state of Montana is our major problem right now. We just don't have the attorneys."

Organizational options discussed: When asked what would help, Enruth said there are two main choices: hire more attorneys and paralegals within the existing combined county attorney office, or consider separating city and county legal functions. He described the legal and practical complications of creating a separate city attorney within a consolidated city–county government and said expanding in-house staffing may be the more practical option. He also recommended the commission examine broader governance changes — including a smaller, full-time commission, a mayor/city-manager style government and staggered six-year commissioner terms — to build institutional knowledge and administrative capacity.

On related budget and corrections issues: Enruth discussed jail staffing and local corrections pay, noting pay competition from proposed state facilities and the importance of being competitive to retain staff. He said that while a women's prison might bring jobs, he did not expect it to create a workload that would force his office to open a new department; prosecution of in‑prison crimes typically falls first to the state attorney general’s office.

Discussion vs. decision: Commissioners asked multiple follow-up questions; Enruth provided recommendations and agreed to prepare memos on legal and procedural points when asked. No formal policy or budget decisions were made during the meeting; commissioners requested follow-up information and pledged to continue the conversation.

Ending: Enruth offered to return to the commission for further briefings and to provide written answers and memos as the study commission refines possible charter changes and staffing proposals.