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Montana

Categorical Right To Counsel

Discretionary Appointment Of Counsel

Right Or Appointment Is Qualified

No Such Proceeding

No Authorization, But Relevant Materials

Other

Recent Activity

Right to Counsel Status

Categorical Right To Counsel

There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).

Discretionary Appointment Of Counsel

Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.

Right Or Appointment Is Qualified

The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.

No Such Proceeding

This state has no law creating a judicial proceeding of this type.

No Authorization, But Relevant Materials

While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.

Other

Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Denies

This state has law explicitly stating that there is no right to counsel for this area.

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

Appointment of Counsel: Doesn't Affect

Qualified: No

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

Appointment of Counsel: Doesn't Affect

Qualified: No

Categorical

Abuse/Neglect/Dependency - Children

Legislation

Key Development

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.

Appointment of Counsel: Yes

Qualified: No

Key Development

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!

Appointment of Counsel: Doesn't Affect

Qualified: No

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

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.

Appointment of Counsel: Discretionary

Qualified: No

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: No

NCCRC contributed substantially to petitioner's merits briefing and strategy.

Categorical

Termination of Parental Rights (State) - Children

Legislation

Key Development

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.

Appointment of Counsel: Yes

Qualified: No

Discretionary

Abuse/Neglect/Dependency - Accused Parents

Litigation

Key Development

Discretionary appointment of counsel

The Montana Supreme Court held that the constitution permits appointment of counsel for parents in abuse/neglect cases on a case-by-case basis.

Appointment of Counsel: Discretionary

Qualified: No

Legislation

Key Development

Right to counsel

Indigent parents have a right to representation by the public defender in abuse/neglect proceedings.

Appointment of Counsel: Yes

Qualified: No

Categorical

Abuse/Neglect/Dependency - Children

Legislation

Key Development

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.

Appointment of Counsel: Yes

Qualified: No

Discretionary

All Basic Human Needs

Litigation

Key Development

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.

Appointment of Counsel: Discretionary

Qualified: No

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

Qualified

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

Legislation

Key Development

Right to counsel

Minors seeking to waive the parental consent requirement for an abortion have a right to counsel, but the consent provision has been enjoined.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Civil Commitment

Litigation

Key Development

Right to counsel

The Montana Supreme Court has suggested there may be a state and federal constitutional right to counsel in civil commitment proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

There is a right to representation by the public defender in various types of civil commitment proceedings.

Appointment of Counsel: Yes

Qualified: No

Discretionary

Custody Disputes - Children

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint a GAL who is an lawyer for a minor in divorce cases "with respect to the child's support, parenting, and parental contact."

Appointment of Counsel: Discretionary

Qualified: No

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key Development

Right to counsel - Conservatorship matters

There is a discretionary appointment of counsel in guardianship establishment cases and mandatory appointment in conservatorship matters.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Guardianship/Conservatorship of Children - Child (incomplete)

Legislation

Key Development

Discretionary appointment of counsel

The court may appoint counsel for a minor in a guardianship, conservatorship, or other protective order case.

Appointment of Counsel: Discretionary

Qualified: Yes

No Such Proceeding

Guardianship/Conservatorship of Children - Parent or Guardian

Legislation

No such proceeding

A court may only appoint a guardian for a minor if the parent's rights have been terminated, suspended, or limited by prior court order.

Appointment of Counsel: No Such Proceeding

Qualified: No

Discretionary

Housing - Discrimination

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint counsel for either party in a housing discrimination case.

Appointment of Counsel: Discretionary

Qualified: No

Categorical

Involuntary Medical Treatment (incomplete)

Legislation

Key Development

Right to counsel

There is a right to counsel for minor and adult respondents in a variety of involuntary treatment matters.

Appointment of Counsel: Yes

Qualified: No

Categorical

Parentage - Defendant/Respondent

Legislation

Key Development

Right to counsel

There is a right to counsel for all indigent parties to a paternity proceeding.

Appointment of Counsel: Yes

Qualified: No

Categorical

Parentage - Petitioner or Child

Legislation

Key Development

Right to counsel

There is a right to counsel for all indigent parties to a paternity proceeding, including for the appeal.

Appointment of Counsel: Yes

Qualified: No

No Such Proceeding

Sexually Dangerous Persons - Commitment

Legislation

No such proceeding

There is no procedure in the state for confinement of a sexually dangerous/violent person.

Appointment of Counsel: No Such Proceeding

Qualified: No

No Such Proceeding

Sterilization

Legislation

Montana sterilization law repealed

The “Eugenical Sterilization” laws were repealed by Laws 1981, ch. 286, § 1.

Appointment of Counsel: No Such Proceeding

Qualified: No

Categorical

Termination of Parental Rights (Private) - Birth Parents

Litigation

Key Development

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.

Appointment of Counsel: Yes

Qualified: No

NCCRC contributed substantially to petitioner's merits briefing and strategy.

Legislation

Key Development

Right to counsel

Minor parents have a RTC in adoption matters involving relinquishment, as do respondents where TPR is sought due to a nonconsensual sexual act.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Termination of Parental Rights (State) - Birth Parents

Litigation

Key Development

Right to counsel

The Montana Supreme Court found a state constitutional due process right to counsel in termination of parental rights proceedings.

Appointment of Counsel: Yes

Qualified: No

Legislation

Key Development

Right to counsel

Indigent parents have a right to representation by the public defender in termination of parental rights proceedings.

Appointment of Counsel: Yes

Qualified: No

Categorical

Termination of Parental Rights (State) - Children

Legislation

Key Development

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.

Appointment of Counsel: Yes

Qualified: No

Categorical

Truancy - Petition Against Child

Legislation

Key Development

Right to counsel

Montana children have a right to counsel in truancy cases (which are treated as "youth in need of intervention" matters).

Appointment of Counsel: Yes

Qualified: No

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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