The Montana Legislature's House Appropriations Committee meeting on March 21, 2025, spotlighted the urgent need for reform in the state's public defense system. Director of the Office of State Public Defender, Mr. Shandelson, presented a compelling case for increased staffing and funding, highlighting a staggering shortfall of nearly 42 full-time equivalent (FTE) attorneys. This gap has resulted in significant delays in case assignments, with some defendants waiting over 40 days for representation.

Shandelson emphasized the critical nature of the situation, noting that the current policy allows for a 14-day assignment window, which is already too lenient given the agency's workload. He proposed a five-year plan to hire eight new attorneys annually, a strategy aligned with national trends in public defense budgeting. However, the committee only approved funding for half of the requested positions, leaving the agency to rely heavily on contracted lawyers, who are often more expensive and harder to recruit.

The committee did approve an increase in the pay rate for contracted lawyers, raising it to $90 an hour, but Shandelson pointed out that this is still below regional standards. He stressed the importance of attracting quality legal talent, especially as the state grapples with a growing population and a single law school producing only 70 to 80 graduates annually.

In addition to staffing issues, the meeting addressed legislative changes affecting the allocation of public defenders in child abuse and neglect cases, which have further complicated the agency's ability to meet its obligations. The committee's discussions underscored a broader concern about the legal workforce in Montana, with multiple agencies struggling to recruit and retain qualified attorneys.

As the meeting concluded, the committee acknowledged the pressing need for a comprehensive analysis of the public defense system to ensure that it can adequately serve the state's legal needs. The anticipated outcomes include a potential supplemental budget request to address the ongoing shortfall and improve the overall efficiency of the public defense system.