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House bill to modernize change-of-attorney rules for public defenders gets committee hearing
Summary
House Bill 46 would update a late-19th-century provision governing change of attorney to reflect the existence and operational practices of the Office of the State Public Defender; supporters said the bill clarifies that the office, not an individual attorney, remains appointed when assignments change.
House Bill 46, introduced by Representative James Reavis and presented by Brett Shandelson, director of the Office of State Public Defender (OPD), would update Montana law on change-of-attorney procedures to reflect the existence and role of the OPD.
Representative James Reavis said the statute being updated has not been revised since the 1890s and that the bill is a cleanup measure to address how OPD assigns and reassigns attorneys within the office. "This bill is just kind of a cleanup bill," Reavis said, adding the measure does not change the court’s ability to address competency, conflicts or grievances.
Brett Shandelson, OPD director, told the committee the bill prevents situations where a departing employee’s cases could leave clients without representation because OPD would remain appointed and would reassign counsel as needed. "The key point...is that we are not abandoning the client," Shandelson said, and OPD would remain responsible for assignment throughout the case while courts retain their Sixth Amendment oversight powers.
No opponents or informational witnesses were recorded on the transcript for HB 46, and the committee closed the hearing without recorded action in the provided segment.
