At a July budget meeting, Great Falls municipal judges warned that delays in assigning public defenders are creating scheduling headaches and keeping defendants behind bars without counsel. Judge Mark Dunn told city commissioners that cases are often waiting 30 to 60 days for an appointed attorney, forcing multiple continuances before a lawyer is assigned.
Statewide shortfall affects local courts
The Montana Office of the State Public Defender (OPD) provides defense attorneys to those who cannot afford representation. OPD operates 20 offices statewide and contracts with private‑practice lawyers to meet demand. In its 2025 fiscal‑year report, the agency assigned counsel within 14 days in 80% of cases, but 5,727 clients fell outside that benchmark, waiting an average of 50 days for representation.
OPD officials say the shortfall varies by court, depending on local workload and the availability of contract attorneys. In Cascade County’s Eighth Judicial District Court, the average assignment time is 5.7 days, while the lower‑level Justice Court averages 23.8 days. Across Montana, the overall average wait is 9.8 days.
Great Falls Municipal Court sees rising caseloads
Great Falls Municipal Court, which handles traffic tickets, small civil matters and misdemeanor crimes, currently averages a 13.7‑day wait for a public defender. In 2024, eleven staff attorneys handled 598 cases; in 2025 that same workload rose to 936 cases handled by only five staff attorneys—a 56% increase in cases with less than half the personnel.
Municipal Judge Cassidy Blomgren noted that defendants can spend more than 20 days in jail before an attorney is assigned, creating backlog and threatening speedy‑trial rights. Chief Prosecutor Neil Anthon acknowledged that about two defendants each week need hearings postponed because they lack counsel, though he said the impact on the prosecutor’s office is limited to trial continuances.
Impact on court scheduling and constitutional rights
Judges explained that prolonged assignment times not only delay individual cases but also compress trial calendars, forcing multiple trials onto the same day. Blomgren warned that defendants may feel compelled to waive their speedy‑trial rights when no attorney is available, raising constitutional concerns.
Public defenders are bound by “ethical case management” rules that limit the number of cases an attorney can accept at once, assigning weight to each case based on complexity. When staff attorneys reach their capacity, OPD turns to contract lawyers, but the pool of private attorneys willing to take public‑defense work remains insufficient, contributing to a monthly shortfall.
Recent steps and ongoing challenges
OPD reported that a 2025 state finance bill allowed wage reviews, resulting in more competitive salaries for senior and starting public defenders. Workload through late 2025 and into 2026 has been lower than in prior years. In Great Falls, a second courtroom added last year increased the court’s capacity, but the shortage of defenders still limits the ability to clear the backlog.
Judges and officials continue to seek solutions, emphasizing the need for more qualified contract attorneys and adequate staffing to ensure defendants receive timely representation, uphold their constitutional rights, and keep the municipal court schedule on track.
Original reporting: Alexandria, VA News – WTOP News — read the source article.
