The Montana Department of Justice intends to stop providing legal and investigative services under contract to state agencies later this month, citing concerns about the practice’s sustainability.
In a letter to the state agencies July 23, DOJ Chief of Staff Will Selph said the decision to end the Agency Legal Services Bureau stemmed from a look at the “various factors” affecting the sustainability of the service, which consists of a five-member staff of attorneys and administrative assistants.
“We understand that the closure of ALSB may present certain challenges for your agency, and we apologize for any inconvenience this may cause,” Selph told department heads. “However, it is important to emphasize that this decision was deemed necessary to ensure the efficient allocation of resources and to better serve the legal needs of the State.”
Most of the bureau’s $3.5 million in biennial expenditures came from serving “customers,” meaning state agencies, boards and commissions, according to Legislative Fiscal Division budget analysis. The customers covered most of the bureau’s costs. The legislative analysts noted that bureau staffing levels were dependent on contracted work. Bureau services included legal assistance and investigative services, plus a hearings examiner.
State law says the agencies can use the legal services provided by the bureau, considered to be less costly than private services, but they can also seek private representation or in-house services. The hourly rates for Agency Legal Services spelled out in Section R of House Bill 2, the state budget bill, are $200 an hour for a senior attorney, $160 for an associate attorney, $100 for a paralegal and $75 for a legal assistant.
A spokesperson for Gov. Greg Gianforte said the executive branch will fill the void created by the DOJ.
“The executive branch is working to ensure all legal needs are met as we work through this transition, ensuring the appropriate legal services are provided to state agencies,” Spokesman Sean Southard said in an email Thursday.
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