RESOLUTION 2002 – 35

 

  STATE PUBLIC DEFENDER SYSTEM

It is the intent of the Montana Association of Counties to support legislation that creates a Montana State Public Defender System.

 
 

 

 

 

 


           

WHEREAS, the Sixth Amendment of the United States Constitution guarantees to all persons accused of a crime the right to counsel in their defense; and

 

            WHEREAS, the United States Supreme Court has interpreted the Sixth Amendment to require each state to provide counsel to any person accused of a crime before he or she can be sentenced to jail or prison; and

 

            WHEREAS, the State of Montana has assumed responsibility for the administration and financing of District Courts; and

 

WHEREAS, this includes the funding for the existing public defender system but not the administration,

 

            NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Counties strongly supports legislation being introduced in the Fifty-ninth Legislative Session to establish a Montana State Public Defender System with full responsibility for its administration.

 

 

SPONSOR:                                                    MACo Resolutions Committee

RECOMMENDATION:                                          Do Pass

PRIORITY:                                                    High

REFERRED TO:                                           MACo Justice & Public Safety Committee/

                                                                                    Tax, Finance & Budget Committee

ADOPTED:                                                    Annual Conference; Big Sky, MT

                                                                                    September 25, 2002

 

2004 ACTION:

 

RECOMMENDATION:                                          Do Pass, amended

PRIORITY:                                                    High

REFERRED TO:                                           MACo Justice & Public Safety Committee/

                                                                                    Tax, Finance & Budget Committee

ADOPTED: