House Bill No. introduced by V. Moore, at the request of the Office of Public Defender, aims to facilitate remote appearances by attorneys in court, particularly for nonsubstantive hearings. The bill mandates that all courts establish a consistent process for remote appearances, allowing public defenders to participate via two-way electronic audio-video communication. It specifies that attorneys appearing remotely must use a camera to be onscreen. However, courts retain the authority to require in-person attendance if they find good cause, which must be documented at least five business days prior to the hearing.
The bill also provides definitions for key terms, such as "appear remotely" and "nonsubstantive hearing," clarifying the types of court events that qualify under this provision. Nonsubstantive hearings include arraignments, bond hearings, status conferences, and other similar proceedings where substantive arguments or testimony are not presented. Additionally, the bill includes a codification instruction indicating that the new section will be integrated into Title 3, chapter 1, part 3 of the Montana Code.