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ACLU Lawsuit Against Montana
The reform in Montana was spurred by a lawsuit filed by the American Civil Liberties Union (ACLU) alleging systemic right to counsel violations throughout the state. The lawsuit, captioned White v. Martz, CDV-2002-133, was filed in February, 2004. To read the ACLU’s press release on the filing of the lawsuit, click here.
On the eve of trial, the litigation was suspended when the state’s attorney general agreed to advocate for indigent defense reform in the legislature. To read more, click here.
Because of this lawsuit, in April, 2005, the Governor signed a law creating a statewide public defender system, which will be directed by an independent indigent defense commission. The individuals and organizations responsible for appointing members of this commission are in the process of making their selections, and a search for the new chief defender should be underway shortly.
To read the new legislations, click here.
To read a summary of the bill, click here.
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National Association of Criminal Defense Lawyers (NACDL)
1660 L St., NW, 12th Floor, Washington, DC 20036
(202) 872-8600 • Fax (202) 872-8690 •
assist@nacdl.org
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