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HB46 • 2025

Revise change of attorney laws for public defenders

Revise change of attorney laws for public defenders

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
James Reavis
Last action
2025-04-07
Official status
Chapter Number Assigned
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on how public defenders are re-assigned or the exact process involved.

Change of Attorney Rules for Public Defenders

This law changes the rules about when a public defender can change their lawyer in court cases.

What This Bill Does

  • Changes the requirements for changing an attorney to not apply to public defenders appointed under the Montana Public Defender Act.
  • Updates Section 37-61-403 of the Montana Code Annotated to reflect these changes.

Who It Names or Affects

  • Public defenders appointed under the Montana Public Defender Act

Terms To Know

Montana Public Defender Act
A law that sets rules for how public defenders are assigned and managed in Montana.
Office of State Public Defender
The agency responsible for managing public defenders in Montana.

Limits and Unknowns

  • Does not specify the exact process for reassigning public defenders.
  • Only applies to changes made by the Office of State Public Defender, not individual client decisions.

Bill History

  1. 2025-04-07 HOUSE

    (H) Signed by Governor

  2. 2025-04-07 HOUSE

    Chapter Number Assigned

  3. 2025-04-01 SENATE

    (S) Signed by President

  4. 2025-04-01 HOUSE

    (H) Transmitted to Governor

  5. 2025-03-28 HOUSE

    (H) Signed by Speaker

  6. 2025-03-25 HOUSE

    (H) Returned from Enrolling

  7. 2025-03-21 SENATE

    (S) Scheduled for 3rd Reading

  8. 2025-03-21 SENATE

    (S) 3rd Reading Concurred

  9. 2025-03-21 HOUSE

    (H) Sent to Enrolling

  10. 2025-03-20 SENATE

    (S) Scheduled for 2nd Reading

  11. 2025-03-20 SENATE

    (S) 2nd Reading Concurred

  12. 2025-03-19 SENATE

    (S) Committee Report--Bill Concurred

  13. 2025-02-19 SENATE

    (S) Committee Executive Action--Bill Concurred

  14. 2025-02-13 SENATE

    (S) Hearing

  15. 2025-02-11 SENATE

    (S) Referred to Committee

  16. 2025-01-22 SENATE

    (S) First Reading

  17. 2025-01-21 HOUSE

    (H) Scheduled for 3rd Reading

  18. 2025-01-21 HOUSE

    (H) 3rd Reading Passed

  19. 2025-01-21 HOUSE

    (H) Transmitted to Senate

  20. 2025-01-20 HOUSE

    (H) Scheduled for 2nd Reading

  21. 2025-01-20 HOUSE

    (H) 2nd Reading Passed

  22. 2025-01-16 HOUSE

    (H) Committee Executive Action--Bill Passed

  23. 2025-01-16 HOUSE

    (H) Committee Executive Action--Bill Passed

  24. 2025-01-16 HOUSE

    (H) Committee Report--Bill Passed

  25. 2025-01-06 HOUSE

    (H) First Reading

  26. 2025-01-06 HOUSE

    (H) Hearing

  27. 2024-12-20 HOUSE

    (H) Referred to Committee

  28. 2024-12-10 HOUSE

    (LC) Draft Delivered to Requester

  29. 2024-12-10 HOUSE

    (H) Introduced

  30. 2024-11-18 HOUSE

    (LC) Draft Ready for Delivery

  31. 2024-11-17 HOUSE

    (LC) Draft in Assembly

  32. 2024-11-14 HOUSE

    (LC) Draft in Final Drafter Review

  33. 2024-11-13 HOUSE

    (LC) Draft in Input/Proofing

  34. 2024-11-11 HOUSE

    (LC) Draft in Edit

  35. 2024-11-07 HOUSE

    (LC) Draft in Legal Review

  36. 2024-11-06 HOUSE

    (LC) Draft Taken Off Hold

  37. 2024-10-16 HOUSE

    (LC) Draft On Hold

  38. 2024-09-13 HOUSE

    (LC) Drafter Assigned

Official Summary Text

Revise change of attorney laws for public defenders

Current Bill Text

Read the full stored bill text 
****
69th Legislature 2025 HB 46
- 1 - Authorized Print Version – HB 46
ENROLLED BILL
AN ACT REVISING CHANGE OF ATTORNEY LAWS; PROVIDING THAT THE REQUIREMENTS FOR
CHANGING AN ATTORNEY DO NOT APPLY TO PUBLIC DEFENDERS APPOINTED UNDER THE
MONTANA PUBLIC DEFENDER ACT; AND AMENDING SECTION 37-61-403, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 37-61-403, MCA, is amended to read:
"37-61-403. Change of attorney. (1) The attorney in an action or special proceeding may be
changed at any time before or after judgment or final determination, as follows:
(1)(a) upon on consent of both client and attorney, filed with the clerk or entered upon on the minutes;
or
(2)(b) upon on the order of the court, upon on the application of either client or attorney, after notice
from one to the other.
(2) The provisions of this section do not apply to assignments or reassignments of a public
defender by the office of state public defender in which the office of state public defender is appointed pursuant
to the Montana Public Defender Act, Title 47, chapter 1."
- END -
I hereby certify that the within bill,
HB 46, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 46
INTRODUCED BY J. REAVIS
BY REQUEST OF THE OFFICE OF PUBLIC DEFENDER
AN ACT REVISING CHANGE OF ATTORNEY LAWS; PROVIDING THAT THE REQUIREMENTS FOR
CHANGING AN ATTORNEY DO NOT APPLY TO PUBLIC DEFENDERS APPOINTED UNDER THE MONTANA
PUBLIC DEFENDER ACT; AND AMENDING SECTION 37-61-403, MCA.