§ 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:
(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.

Legislative History

En. 95-1004 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1004; amd. Sec. 41, Ch. 449, L. 2005; amd. Sec. 1, Ch. 417, L. 2007; amd. Sec. 15, Ch. 358, L. 2017.