Montana Code 46-8-104. Assignment of counsel after trial — definition
46-8-104. Assignment of counsel after trial — definition. (1) Any court of record may order the office of state public defender, provided for in 2-15-1029, to assign counsel, subject to the provisions of the Montana Public Defender Act, Title 47, chapter 1, to represent any petitioner or appellant in any postconviction action or proceeding brought under Title 46, chapter 21, if the petitioner or appellant is eligible for the appointment of counsel and:
Terms Used In Montana Code 46-8-104
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
- Writing: includes printing. See Montana Code 1-1-203
(a)the district court determines that a hearing on the petition is required pursuant to 46-21-201;
(b)the office of state public defender requests appointment of a public defender and demonstrates good cause for the appointment;
(c)a statute specifically mandates the appointment of counsel;
(d)the petitioner or appellant is clearly entitled to counsel under either the United States or Montana constitution; or
(e)extraordinary circumstances exist that require the appointment of counsel to prevent a miscarriage of justice.
(2)An appointment of counsel made in the interests of justice, as provided in 46-21-201(2), may be made only when extraordinary circumstances exist.
(3)As used in this section, “extraordinary circumstances” includes those in which the petitioner or appellant does not have access to legal materials or has a physical or mental condition or limitation that prevents the petitioner or appellant from reading or writing in English.