Wednesday, February 3, 2010

The MT Public Defenders and Montana's LESS than poor legal representation.

In the Wednesday February 3, 2010, Missoulian newspaper is an article from Jennifer McKee, of the Missoulian State Bureau entitled "State public defender offices faces $990K cut in addition to current shortfall."
In her article, she writes: "Already facing an $800,000 budget hole, the state agency that guarantees lawyers for poor people accused of crimes could be looking at cutting close to another million dollars from its books."
"How do you cut a million and then cut another million?" "Office of Public Defender administrative director Harry Freebourn said Tuesday of the potential cuts called for by a worsening state budget picture. Freebourn said he had no idea how the agency could absorb another hit, especially considering that its caseload is growing at anywhere between 4 percent and 7 percent."
http://www.missoulian.com/news/state-and-regional/article_72bb5de0-1075-11df-917a-001cc4c002e0.html

However, the Montana Constitution does NOT set a price tag on defense of the poor.
It has been a long standing tradition in the U.S. and the State of Montana to provide legal counsel for the poor in criminal proceedings. But, as the state budget tightens and the already strapped Public Defenders of Montana are asked to reduce their budgets further, the legal representation of the poor can only suffer.

And, therefore once again for the poor, "equal access" of and to the law in Montana (Section 16. The administration of justice) and "equal protection" of and to the law in Montana (Section 4. Individual dignity)
will suffer more than it already has suffered. And, who is speaking for the poor in Montana, who have NO voice in why the Public Defenders budget is being cut!

Now, contrast this with the Montana Attorney General's Budget, and/or the local Montana County/City public Prosecutors (Attorneys) budgets, and you'll soon see that there is NO comparison!
Consequently, there is NO "equal access" or "equal protection" in our Montana Court System.

As always, Think about this and I'd like to encourage your comments about this important topic. Feel free to ask your elected officials.

Rick Gold
Missoula, MT