Montana Lawyer August/September 2025

PRO BONO CHRONICLES

A Summary of Recent Findings from the State Bar’s Task Force Report

In June 2025, the State Bar of Montana’s Task Force on the Future of the Bar released a comprehensive report exploring how legal services are being delivered across the state—and where those services are falling short. The report, prepared by a subcommittee that included represen tatives from the judiciary, Court Administrator, University of Montana School of Law, and Montana Legal Services Association (MLSA), focuses on access to justice, particu larly in rural and tribal communities, and highlights new approaches being explored in other states and by MLSA. Here’s a breakdown of what the report found and what it suggests for the future of legal services in Montana. The Core Problem: A Widening Justice Gap Montana’s legal system is experiencing an acute short age of attorneys, especially in rural areas. The report notes that out of Montana’s 56 counties, 26 have five or fewer lawyers. In some counties—like Golden Valley, Meagher, and Petroleum—there are no resident attorneys at all. This scarcity has serious consequences. In civil and fam ily law cases, over 70% involve at least one self-represented party. In eviction and debt collection matters, that number jumps to over 90%. Low-income Montanans face even greater challenges, with 9 out of 10 not receiving the legal help they need. MLSA, the state’s primary civil legal aid provider, is overwhelmed. In 2023 alone, MLSA received more than 9,400 requests for help but could only handle about half. Over half of these requests came from rural counties. New Approaches: Who Else Can Help? The report outlines a few key developments in how other jurisdictions—and Montana itself—are responding to these challenges. Community Justice Workers (CJWs) Community Justice Workers are trained community members—not lawyers—who assist individuals with spe cific legal needs. These can include help with: • Public benefits applications (e.g., SNAP) • Unemployment advocacy • Tenant representation in eviction cases • Debt collection defense • Domestic violence protection orders MLSA is developing a pilot program that would train CJWs to assist with orders of protection in justice and city courts. The idea is that CJWs can help with document preparation, provide basic legal guidance, and accompany clients to hearings. All CJWs would be supervised by MLSA and serve clients at no charge.

Other states, including Alaska, Utah, and Delaware, have implemented similar programs to expand access to legal support. The report points out that non-lawyer repre sentation is already common in some federal administra tive proceedings and has precedent in other legal contexts. The Role of Artificial Intelligence In addition to human support, the report explores the potential role of artificial intelligence (AI) in closing the justice gap. AI tools are being used in several innovative ways: • Form generation: AI can customize court forms for self-represented litigants, reducing errors and stream lining the filing process. • Chatbots: These can help draft letters or pleadings based on guided user input. • Translation: AI offers real-time language transla tion and transcription, which could improve access for non-English speakers. • Education tools: AI-generated presentations, vid eos, and handouts can help explain complex legal concepts in plain language. • Research assistance: Tools from major providers like Westlaw and Lexis+ are enhancing natural-language legal research. While the report acknowledges the promise of AI, it also points out key challenges—such as cost, client confidential ity, and the need for human oversight. Ethical use of AI is expected to be a growing topic, and a CLE on the subject is scheduled for Fall 2025 at the University of Montana School of Law. Access in Tribal Communities Montana is home to seven Native American reserva tions with their own sovereign tribal court systems. The report recognizes the distinct challenges these communities face but notes that more outreach and collaboration are still needed to fully assess access to justice on tribal lands. Further work is planned in this area by the Subcommittee. Recommendations and Next Steps The report includes several recommendations for how to move forward: 1. Pilot Project: Launch a CJW pilot focused on do mestic violence protection orders. 2. Advisory Group: Form a working group that in cludes judges, attorneys, advocates, and survivors. 3. Rule Updates: Revisit procedural rules that may

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