47-1-202. Chief public defender -- duties.
47-1-202. Chief public defender -- duties. In addition to the duties provided in 47-1-201, the chief public defender shall:
(1) act as secretary to the commission and provide administrative staff support to the commission;
(2) assist the commission in establishing the state system and establishing the standards, policies, and procedures required pursuant to this chapter;
(3) develop and present for the commission's approval a regional strategic plan for the delivery of public defender services;
(4) establish processes and procedures to ensure that when a case that is assigned to the office presents a conflict of interest for a public defender, the conflict is identified and handled appropriately and ethically;
(5) establish processes and procedures to ensure that office and contract personnel use information technology and caseload management systems so that detailed expenditure and caseload data is accurately collected, recorded, and reported;
(6) establish administrative management procedures for regional offices;
(7) establish procedures for managing caseloads and assigning cases in a manner that ensures that public defenders are assigned cases according to experience, training, and manageable caseloads and taking into account case complexity, the severity of charges and potential punishments, and the legal skills required to provide effective assistance of counsel;
(8) establish policies and procedures for assigning counsel in capital cases that are consistent with standards issued by the Montana supreme court for counsel for indigent persons in capital cases;
(9) establish and supervise a training and performance evaluation program for attorneys and nonattorney staff members and contractors;
(10) establish procedures to handle complaints about public defender performance and to ensure that public defenders, office personnel, and clients are aware of avenues available for bringing a complaint and that office procedures do not conflict with the disciplinary jurisdiction of the supreme court and the rules promulgated pursuant to Article VII, section 2, of the Montana constitution and the applicable provisions of Title 37, chapter 61;
(11) maintain a minimum client caseload, as determined by the commission;
(12) actively seek gifts, grants, and donations that may be available through the federal government or other sources to help fund the system; and
(13) perform all other duties assigned by the commission pursuant to this chapter.
History: En. Sec. 8, Ch. 449, L. 2005.