2005 Montana Code Annotated - 46-8-212 — Appellate defender - qualifications - duties.

     46-8-212. (Temporary) Appellate defender -- qualifications -- duties. (1) The appellate defender and any deputy or assistant appellate defender:
     (a) must be an attorney licensed to practice law in this state;
     (b) shall perform duties as may be provided by law or established by the appellate defender commission; and
     (c) must have those qualifications otherwise required by the commission.
     (2) The duties of the appellate defender are to:
     (a) assume responsibility for appeals from district court and petitions for postconviction relief from proceedings in district court on behalf of indigent defendants only after conviction, as defined by 46-1-202, when:
     (i) the defendant alleges that ineffective assistance of counsel resulted in conviction;
     (ii) a district judge or the chief justice or an associate justice of the supreme court finds further representation by previously appointed counsel would not serve the interests of justice; or
     (iii) the appellate defender agrees to assist in or assume responsibility for appeal;
     (b) aid the commission in compiling and keeping current a statewide roster of attorneys eligible for appointment by an appropriate court as trial and appellate defense counsel for the indigent;
     (c) keep a record of those services and expenses for the commission; and
     (d) perform the duties otherwise established by the commission. (Repealed effective July 1, 2006--secs. 74, 80(2), Ch. 449, L. 2005.)

     History: En. Sec. 4, Ch. 781, L. 1991.