Montana’s Public Defender System Faces Delays Amid Staffing Challenges
In Great Falls, Montana, courts are grappling with significant scheduling setbacks due to delays in appointing public defenders, leading to prolonged case processing times and extended jail stays for some defendants. During a budget meeting in July, city court judges highlighted these challenges, pointing to the Montana Office of the State Public Defender (OPD) as a key source of the problem.
Judge Mark Dunn, addressing city commissioners on July 21, remarked on the delays: “I would say the bigger problem is the delay with the public defender’s office. And I have found there have been cases 30 to sometimes 60 days out where someone does not have an appointed attorney. And those cases are being continued one to two times before an attorney is even assigned.”
The OPD, responsible for providing legal representation to those unable to afford it, operates 20 offices across the state. It also partners with private attorneys to manage its caseload. However, the agency reports struggles with filling vacant positions, a shortage of contracted attorneys, and increasing caseloads, which are all contributing to the delays.
In the 2025 fiscal year, the OPD assigned attorneys within 14 days in 80% of cases. However, for 5,727 clients, the wait extended to an average of 50 days, according to an OPD report. This delay varies across Montana, influenced by the number and type of new appointments and the availability of public defenders, noted Andrea Moore, OPD’s communications officer.
Despite requests, OPD officials were unable to provide further comments due to time constraints. Data show the Cascade County courts have differing average wait times for legal representation. The Eighth Judicial District Court, handling major criminal and civil cases, averages 5.7 days, while the Justice Court, dealing with less severe cases, sees a 23.8-day wait.
At the Great Falls Municipal Court, which recently expressed concerns, the average wait time is 13.7 days. The court’s workload has fluctuated, with only five staff attorneys managing 936 cases in one year, a significant increase from the previous year with fewer attorneys.
Municipal Judge Cassidy Blomgren highlighted the impact of these delays, stating, “It is not uncommon for a defendant to be in the jail for over 20 days before they are assigned an attorney.” These delays can lead to backlogs and scheduling conflicts, affecting defendants’ speedy-trial rights.
Chief Prosecutor Neil Anthon confirmed that some defendants have faced “significant” jail time awaiting legal representation, resulting in postponed hearings for about two defendants weekly. Anthon mentioned, “The only impact it has is that trials must also be continued, and that can back up trial days.”
Public defenders are subject to ethical case management regulations, limiting the workload one attorney can handle. As staff reach capacity, OPD turns to private attorneys, but the number willing to accept contracts is insufficient to meet demand.
Efforts to address these issues include more competitive salary adjustments for public defenders, as allowed by a recent state finance bill. Additionally, a second courtroom added to the Great Falls Municipal Court last year has increased capacity, although the lack of public defenders continues to hinder progress.
Judge Dunn noted the broader implications: “It causes our schedule to expand. It creates more time on the court.”
