Montana

Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Doesn't Affect

Abuse/Neglect/Dependency - Accused Parents

Legislation

May 16, 2025
SB468
Would have required notice, a hearing, and a right to counsel in child abuse registry matters
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
May 23, 2025
SJ30
Ordering study of child abuse registry to monitor expungement implementation and consider an individual's right to counsel in registry matters
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Categorical

Abuse/Neglect/Dependency - Children

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
May 19, 2023
Montana guarantees child-directed counsel for children
A court must appoint counsel for a child in an abuse or termination matter and may assign counsel for appeals.
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Appointment of Counsel:  Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
May 19, 2025
HB913
The bill would've rolled back the right to counsel for kids in neglect matters. Due to NCCRC, NACC, and others' testimony, this was removed!
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
On April 2, 2025, the NCCRC submitted testimony in opposition to this bill to House leadership in coordination with the National Association of Counsel for Children (NACC).
Discretionary

All Basic Human Needs

Litigation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
January 1, 2011
Trial courts have inherent power to appoint counsel, says Supreme Court of Montana
The Montana Supreme Court sent a reminder to trial courts that they have the inherent power to appoint counsel in any civil case.
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Appointment of Counsel:  Discretionary
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.

The NCCRC worked with Montana Legal Services on the petition to the Montana Supreme Court.

Doesn't Affect

Housing - Evictions

Miscellaneous

June 11, 2025
All about tenant RTC efforts in Bozeman MT
Bozeman tenants are calling on the city to enact a tenant RTC, and the city commissioners have said they are exploring it.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
The NCCRC has been providing support to Bozeman Tenants United.
Doesn't Affect

Termination of Parental Rights (Private) - Birth Parents

Litigation

January 3, 2019
Montana Supreme Court acts to protect parent right to counsel
The Montana Supreme Court found that a parent had not waived his right to counsel in an adoption case, and strengthened the waiver standard.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
December 2, 2014
Montana parents have constitutional right to counsel in adoptions, says high court
The Supreme Court of Montana held the state's failure to provide counsel in private adoption cases violated the state's equal protection clause.
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Appointment of Counsel:  Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
NCCRC contributed substantially to petitioner's merits briefing and strategy.
Categorical

Termination of Parental Rights (State) - Birth Parents

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Right to counsel
Indigent parents have a right to representation by the public defender in termination of parental rights proceedings.
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Appointment of Counsel:  Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Categorical

Termination of Parental Rights (State) - Children

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
May 19, 2023
Montana guarantees child-directed counsel for children
A court must appoint counsel for a child in an abuse or termination matter and may assign counsel for appeals.
Read More
Appointment of Counsel:  Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Discretionary

Abuse/Neglect/Dependency - Accused Parents

Categorical

Abuse/Neglect/Dependency - Children

Discretionary

All Basic Human Needs

Qualified

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Qualified

Civil Commitment

Discretionary

Custody Disputes - Children

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Qualified

Guardianship/Conservatorship of Children - Child (incomplete)

No Such Proceeding

Guardianship/Conservatorship of Children - Parent or Guardian

Discretionary

Housing - Discrimination

Categorical

Involuntary Medical Treatment (incomplete)

Categorical

Parentage - Defendant/Respondent

Categorical

Parentage - Petitioner or Child

No Such Proceeding

Sexually Dangerous Persons - Commitment

No Such Proceeding

Sterilization

Categorical

Termination of Parental Rights (Private) - Birth Parents

Categorical

Termination of Parental Rights (State) - Birth Parents

Categorical

Termination of Parental Rights (State) - Children

Categorical

Truancy - Petition Against Child