its a long story and, goes back almost 17 years, to pressent, i have my public defence trying to get himself and his office removed, for conflict of interest. i need help with this situstion, i dont know where to turn. and i dont have the money, to afford a real lawyer. and a public deffender wont deffend my rights. he says its not his job. what kind of deffence is that... also in light of whats going on in montanas system. i dont beleive i have ever gotton a fair trail.. if you know about rights and are interested in helping let me know and i will take time to type out the story. thank and please help. there your rights too..

A public defender IS a real lawyer.

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2006 montana public deffender system got sued by the ACLU, why? because they were not doing there job. so if you ask my a real lawyer does there job without being asked. i have had the district public deffender send me a responce to a grievance stating that in ravalli county i have to prove myself inocent. is that what a real lawyer does, and that was after he violated due process, when a greivance is filed there is a process that is supposed to take place to ensure fair trial. well he failed that too. enlight of montanas system and after the ACLU sued them. they appointed a commity to watch over the public defences office. this is a artical about the head of that commity, and what he thinks. you tell me how i am getting a fair trial when this is what he thinks...

Public defenders commissioner resigns, rips chief
Story Discussion Public defenders commissioner resigns, rips chief
By ALLISON MAIER Independent Record The Billings Gazette | Posted: Tuesday, January 11, 2011 5:47 pm | (2) Comments

HELENA — Missoula attorney James Park Taylor has resigned from his position on the Montana Public Defender Commission, citing various inadequacies within the institution and expressing little hope for change under its current leadership.

“I think the organization can be fixed,” he said in an interview. “I just don't think people have the political will to do it.”

The Montana State Bar appointed Taylor to the commission shortly after it was created by the Public Defender Act passed by the Legislature in 2005. The law replaced the previous county-based system of indigent defense with a statewide arrangement aimed at equalizing opportunities for poor individuals accused of crimes. Taylor was the first to serve as chairman of the organization.

In a letter to Gov. Brian Schweitzer dated last Thursday, Taylor said he has watched the commission “go from a forward-thinking, dynamic group that helped to create a national model for a public- defender system, to a passive institution that simply accepts whatever information it is presented with.”

Taylor's letter goes on to say that the Office of the State Public Defender has failed to provide “accurate and verifiable” data about how the system is performing, like whether attorneys are meeting set standards for handling cases. The commission has failed to provide reasonable hourly compensation to attorneys contracted in the system, making it difficult to retain quality lawyers, he said.

He said he didn't believe the system would improve under Chief Public Defender Randi Hood, but that the commission “lacks the will to replace her.”

He is not the first to question the organization's validity. Complaints from within the state's system of public defenders led to an American University study that concluded much of what Taylor has claimed — that deficiencies within the institution's management threatened its future, that money and other resources were short, and that employees were unhappy and apt to leave.

Retired Helena Justice of the Peace Wally Jewell had also weighed in on the organization, deeming it a “DAMN MESS!!” in one of a series of e-mails.

Though Taylor acknowledged that the commission and Office of the State Public Defender had worked on correcting some of the problems outlined in the American University study, he said in his letter that a number of “fundamental issues” still remain. He did have some positive things to write, commending Administrative Director Harry Freebourn, Chairman Richard “Fritz” Gillespie, and the staff attorneys, contract attorneys, investigators and administrative staff for their work. Regardless, he felt it was time to leave.

“If I thought that my continued involvement with the system would be productive, I would remain, but as I see no reasonable prospects for change, I am resigning,” he wrote.

Taylor's departure was not acknowledged when the commission gathered for a meeting Monday morning. The group made its way through budget, contract and personnel reports, making frequent references to the university study's suggestions and falling into opinionated discussions about how the agency's operations should proceed. The commissioners agreed to support a version of House Bill 97 that would transfer supervision of the Office of the Appellate Defender from the chief public defender to the commission itself.

At the group's previous meeting, in October, Taylor had moved to seek such legislative action, calling for complete removal of the appellate office from the Office of the Public Defender's control and requiring it to report directly to the commission. According to minutes from the meeting, his justification was that it would help clarify the role of the appellate office and provide the commission with independent perspectives across the state.

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