Judges in Great Falls city court have raised concerns about substantial delays in the Montana Office of the State Public Defender’s assignment of defense attorneys to indigent defendants. During a budget meeting in July, municipal court judges reported that cases sometimes go 30 to 60 days without an appointed attorney, leading to repeated case continuances before legal representation is secured.
The statewide public defender office operates 20 locations across Montana and supplements its workforce with contracted private attorneys. During the 2025 fiscal year, the agency assigned attorneys within 14 days in 80 percent of cases statewide, though the remaining cases averaged as long as 50 days for assignment. Wait times vary significantly by jurisdiction. In Great Falls Municipal Court, the current average wait is 13.7 days, compared to 5.7 days in the Eighth Judicial District Court in Cascade County and a statewide average of 9.8 days.
The problem has intensified in Great Falls, where caseloads increased 56 percent while staffing dropped by more than half. In 2024, 11 staff attorneys handled 598 cases; the following year, just five attorneys managed 936 cases. According to the chief prosecutor, approximately two defendants per week need scheduled hearings postponed due to lack of legal representation. Some defendants spend more than 20 days in custody before receiving an attorney, creating court scheduling conflicts and potential constitutional concerns.
The public defender office cited multiple challenges contributing to delays, including difficulty filling vacant positions, insufficient numbers of contract attorneys willing to accept public defense work, and growing caseloads. Ethical case management regulations limit the workload each attorney can accept, with municipal court cases weighted lower than complex felony cases. Judges expressed concern that extended delays could lead to defendants challenging their waiver of speedy-trial rights. The state legislature passed a finance bill in 2025 allowing wage adjustments to improve competitiveness for public defender positions.
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