Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 8. RIGHT TO COUNSEL · Part 1. Extent of Right -- Indigency Repayment of Costs
Montana Code Annotated

Mont. Code Ann. § 46-8-103 (2026)

Duration Of Assignment

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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 8
  4. Part 1
  5. 46-8-103 Duration of assignment

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 8. RIGHT TO COUNSEL

Part 1. Extent of Right -- Indigency Repayment of Costs

Duration Of Assignment

46-8-103. Duration of assignment. (1) When counsel has been assigned, the assignment is effective until final judgment, including any proceeding upon direct appeal to the Montana supreme court, unless relieved by order of the court that assigned counsel or that has jurisdiction over the case.

(2) If counsel determines that an appeal would be frivolous or wholly without merit, counsel shall file a motion with the court requesting permission to withdraw. The motion must attest that counsel has concluded that an appeal would be frivolous or wholly without merit after reviewing the entire record and researching applicable statutes, case law, and rules and that the defendant has been advised of counsel's decision and of the defendant's right to file a response. The motion to withdraw must be accompanied by a memorandum discussing any issues that arguably support an appeal. The memorandum must include a summary of the procedural history of the case and any jurisdictional problems with the appeal, together with appropriate citations to the record and to the pertinent statutes, case law, and procedural rules bearing upon each issue discussed in the memorandum. Upon filing the motion and memorandum with the court, counsel's certificate of mailing must certify that copies of each filing were mailed to the local county attorney, the attorney general's office, and the defendant. The defendant is entitled to file a response with the court.

History: En. 95-1003 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1003; amd. Sec. 65, Ch. 800, L. 1991; amd. Sec. 1, Ch. 19, L. 2003.

Notes of Decisions
Cited in 186 cases (132 in the last 5 years), 1987–2025 · leading case: State v. Hall, 2003 MT 253, 77 P.3d 239.
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State v. Hall, 2003 MT 253, 77 P.3d 239. · cites it 6× “Section 46-8-103, MCA; State v. Swan (1982), 199 Mont.”
State v. Adams, 2002 MT 202, 54 P.3d 50. · cites it 18× “Adams recognizes that the District Court entered an order purporting to relieve his attorney of continued representation.”
City of Libby v. S. Hubbard, 2018 MT 2, 390 Mont. 108. · cites it 4× “]” ¶6 On July 31, Counsel moved to withdraw from Hubbard’s representation, citing § 46-8-103, MCA, and arguing that a new trial in District Court “would be frivolous or wholly without merit.”
State v. Rardon, 2002 MT 345, 22 P.3d 1132. · cites it 3× “¶4 Section 46-8-103, MCA, requires that assigned counsel continue to represent a defendant until final judgment, including any proceeding upon direct appeal to this Court, unless relieved by order of the court that assigned counsel to the case. That obligation of representation…”
Kallowat v. State, 2004 MT 152, 92 P.3d 1176. · cites it 3× “Section 46-8-103(1), MCA. Kallowat’s appointed trial counsel represented him through his first appeal and was not obligated to represent him further.”
State v. Thompson, 981 P.2d 778 (Mont. 1997). · cites it 4× “ISSUE 1 ¶10 Is Thompson entitled to the appointment of new counsel because his present counsel filed a motion to withdraw in which he asserted that he was unable to find any nonfrivolous issue to raise on appeal? ¶11 In September 1998, William Hooks, Thompson’s counsel, filed a…”
State v. Lange, 733 P.2d 846 (Mont. 1987). · cites it 2× “As to the duration of the appointment, Section 46-8-103 and Section 46-8-104, MCA, state as follows: “46-8-103.”
Matter of J.T.L., YINC, 2025 MT 98. · cites it 2× “1396 (1967), and § 46-8-103(2), MCA. 2 The first removal was from October 2016 to January 2018; the second was from September 2018 to February 2020; and the third was from May 2020 to August 2021.”
State v. Redfern, 2011 MT 326N. · cites it 3× “That did not happen—Redfern is representing himself on appeal, despite there being no record of his counsel being relieved of her duties.”
State v. B. Blackgoat, No. DA 21-0201 (Mont. Mar. 25, 2022). · cites it 16× “_________________ After reviewing the Appellant’s Opening Brief filed electronically on March 24, 2022, this Court has determined that in form the brief is Appellant’s counsel’s attempt to withdraw from representation pursuant to § 46-8-103(2), MCA, and Anders v. California, 386…”
Christopher Kenton Dyer v. Mahoney, 2008 MT 117, 182 P.3d 737. · cites it 6× “Section 46-8-103(1), MCA. Thus, OSPD is mandated by statute to provide representation to qualified defendants in such cases.”
Haagenson v. State, 2014 MT 223, 332 P.3d 268. · cites it 2× “16(4) provides as follows: “Except for an Anders motion pursuant to section 46-8-103(2), a party’s motion to voluntarily dismiss that party’s cause, appeal, or cross-appeal must be signed by both the *244 moving party and that party’s counsel.”
Show all 186 citing cases →
Mont. Code Ann. § 46-8-103(1): 28 cases
Kallowat v. State, 2004 MT 152, 92 P.3d 1176. “Section 46-8-103(1), MCA. Kallowat’s appointed trial counsel represented him through his first appeal and was not obligated to represent him further.”
State v. Adams, 2002 MT 202, 54 P.3d 50. “Adams recognizes that the District Court entered an order purporting to relieve his attorney of continued representation.”
Christopher Kenton Dyer v. Mahoney, 2008 MT 117, 182 P.3d 737. “Section 46-8-103(1), MCA. Thus, OSPD is mandated by statute to provide representation to qualified defendants in such cases.”
W. Larson Jr. v. State, 2016 MT 259N.
State v. R. Wagoner, No. DA 20-0099 (Mont. Mar. 10, 2020).
Mont. Code Ann. § 46-8-103(2): 145 cases
State v. Hall, 2003 MT 253, 77 P.3d 239. “Section 46-8-103, MCA; State v. Swan (1982), 199 Mont.”
State v. Adams, 2002 MT 202, 54 P.3d 50. “Adams recognizes that the District Court entered an order purporting to relieve his attorney of continued representation.”
City of Libby v. S. Hubbard, 2018 MT 2, 390 Mont. 108. “]” ¶6 On July 31, Counsel moved to withdraw from Hubbard’s representation, citing § 46-8-103, MCA, and arguing that a new trial in District Court “would be frivolous or wholly without merit.”
State v. Thompson, 981 P.2d 778 (Mont. 1997). “ISSUE 1 ¶10 Is Thompson entitled to the appointment of new counsel because his present counsel filed a motion to withdraw in which he asserted that he was unable to find any nonfrivolous issue to raise on appeal? ¶11 In September 1998, William Hooks, Thompson’s counsel, filed a…”
Matter of J.T.L., YINC, 2025 MT 98. “1396 (1967), and § 46-8-103(2), MCA. 2 The first removal was from October 2016 to January 2018; the second was from September 2018 to February 2020; and the third was from May 2020 to August 2021.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.