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Committee hears bill to codify public defender duties in treatment courts and private adoption proceedings
Summary
Rep. Peter Strand and the Office of the State Public Defender asked the committee to update appointment statutes so public defenders are explicitly authorized to serve in treatment courts and represent parents in private‑adoption termination proceedings; the committee heard the agency’s operational explanation and closed the hearing.
Representative Peter Strand presented House Bill 575, an agency bill to update Montana statute to reflect existing practice: the Office of State Public Defender (OPD) has been serving on treatment‑court teams and representing parents in private adoptions where the Montana Supreme Court recognized a right to counsel. Cohen Mercer, central cert administrator for OPD, testified the functions are statewide practice but the appointment statute (47‑1‑1104) has not been updated to reflect that role; codification would direct the office’s authority and square the statute with operational reality.
Committee members asked about fiscal implications. Mercer said the office’s request is already baked into the governor’s HB 2 operational budget request and that the amendment was not intended to create new spending beyond the HB 2 ask. Representative Strand closed by asking for a due pass and emphasized the public defender work provides essential legal representation where courts have recognized the right to counsel.
The committee closed the hearing and later took executive action on this and other bills; HB 575 was tabled in executive action per subsequent committee votes.
