The resolution from the House of Representatives of the State of Montana addresses the critical need for public defenders in the state, highlighting the challenges posed by staffing shortages and the slow process for out-of-state lawyers to join the Montana bar. It draws attention to the successful practices of other states, such as North Dakota, Indiana, and Missouri, which have implemented rules allowing out-of-state lawyers to temporarily practice law under the supervision of a licensed attorney. The resolution advocates for a similar rule in Montana to facilitate the temporary admission of out-of-state lawyers, thereby enhancing the capacity of the public defender's office to serve Montanans effectively.
The resolution specifically recommends that the Montana Supreme Court adopt rules akin to North Dakota's Admission to Practice Rule 6.1, permitting out-of-state lawyers in good standing to practice law in Montana for a period of up to one year. Additionally, it calls for the secretary of state to send copies of this resolution to each of the seven justices of the supreme court and to the admissions administrator of the state bar, ensuring that the proposal is formally communicated to the relevant authorities.