Resolution #2011-5 Public Defender Costs

Under the threat of legal action, the 2005 Legislature established a statewide system to provide legal defense for indigents charged with crimes that carried the possibility of a jail sentence.  Cities agreed to contribute the equivalent of $1.76 per capita to cover the expected costs of public defender services in city courts. Program costs have routinely exceeded budgets, and the Legislature will be considering ways to cut or reallocate some of the costs of the public defender program.  The Legislative fiscal staff has recommended two options that would hit cities: 

  1. Eliminate the possibility of jail time for ordinance violations.
  2. Require cities to pay public defender costs for ordinance violations that carry the possibility of jail time. 

Cities and towns are paying $861,000 annually for public defender services, and they should not have to pay additional costs to assure effective enforcement of local ordinances. 

Be it resolved that the League of Cities and Towns will oppose any legislation that will require additional payments for the public defender program or weaken the enforcement of local ordinances.

Montana League of Cities and Towns   *  208 N. Montana Avenue - Suite 106 Helena, Montana 59601  *  406 442-8768
P.O. Box 1704 *  Helena, Montana 59624-1704   E-mail: mlct@mt.net