In a recent budget meeting, Great Falls municipal court judges highlighted significant scheduling issues, including delays in case proceedings and defendants waiting in jail without legal representation.
“The bigger problem is the delay with the public defender’s office,” said Judge Mark Dunn to city commissioners on July 21. He noted cases delayed by 30 to 60 days before an attorney assignment.
The Montana Office of the State Public Defender (OPD), which offers defense attorneys for those unable to afford one, operates 20 offices statewide and collaborates with private attorneys to manage its workload.
OPD acknowledged challenges like filling vacancies, a shortage of contract attorneys, and rising caseloads in statements to Montana Free Press and agency reports.
In the 2025 fiscal year, OPD assigned attorneys within 14 days in 80% of cases. However, for the 5,727 clients who didn’t meet this benchmark, the average wait was 50 days, as detailed in one OPD report.
Andrea Moore, OPD’s communications officer, explained, “The shortfall varies by court based on new appointments, local workload, and available contract public defenders.”
Cascade County’s Eighth Judicial District Court boasts the shortest wait for assigning counsel at 5.7 days. Conversely, the Cascade County Justice Court averages a 23.8-day wait. Across the state, the average wait is 9.8 days.
In Great Falls Municipal Court, the average wait for a defense attorney is 13.7 days. In 2024, 11 attorneys managed 598 cases, while in 2025, five attorneys handled 936 cases, showcasing a 56% increase in workload.
Municipal Judge Cassidy Blomgren noted, “It is not uncommon for a defendant to be in jail over 20 days before attorney assignment,” contributing to court delays.
Chief Prosecutor Neil Anthon acknowledged in an emailed statement that defendants often await attorney assignments, with two needing postponed hearings weekly.
According to Moore, workload limits impact case assignment prioritization, and the shortage of willing private attorneys for defense work exacerbates the monthly shortfall.
A state finance bill has allowed wage reviews, resulting in competitive salary adjustments for public defenders, which might ease these issues.
An additional courtroom in Great Falls Municipal Court has increased case handling capacity, but public defender shortages continue to affect scheduling.
—
Read More Montana News
