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Report critical of way Montana treats juveniles defenders
By Associated Press and Bozeman Daily Chronicle
Published: 10/27/2003

An American Bar Association report, critical of the way Montana treats juvenile defendants, said the state's criminal justice system does not adequately fund programs for youth offenders.
The 88-page report, released last Wednesday, examined a handful of states, including Montana.
It said juveniles unable to hire their own lawyers often meet with a court-appointed lawyer only minutes before they go before a judge.
It also noted that some public defenders for juveniles assume their clients are guilty, and go along with punishments suggested by probation officers.
Bozeman attorney Brock Albin partnered with the American Bar Association Juvenile Justice Center and the Cascade County Law Clinic in contributing to the assessment.
"Juvenile defenders in Montana often get appointed too late, are paid too little and have insufficient resources to help their clients," Albin said Thursday.
He said Gallatin County is specifically affected because vital youth resources are often miles away from the area. "Our county definitely lacks resources, just like the system as a whole does."
However, the report also shows some strengths in the system, including Gallatin County's newly formed Public Defender's Office as an example.
Gallatin County Attorney Marty Lambert had not yet read the report, but defended court-appointed attorneys in the area.
He pointed out that the ACLU didn't sue the county despite the fact that, until recently, it had no Public Defenders Office.
One state official said he took issue with some parts of the report that he said erroneously cited cracks in state's juvenile corrections system.
Steve Gibson, administrator of the Department of Correction's Juvenile Corrections Division, did agree that parts of the system could be studied.
He also said the state offers a lot of support to juveniles on parole, such as inpatient treatment, outpatient therapy and a program designed to ease their transition from correctional facilities to life on the outside. Consequently, he said, the rate at which young Montana convicts commit new crimes is quite low, about 5 percent.


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