Montana Lawyer October/November 2025

courts of limited jurisdiction Ultimately, the program is intended to improve the lives of low-income Montanans who cannot afford an attorney or do not have access to one. The addition of Community Justice Workers will fill in gaps presently existing due to insufficient resources. While lofty, the goal is to increase access to justice and enhance Montana’s services for some of the State’s more vulnerable residents. Endnotes 1 Altender, Katherine, Self-Representation Is Becoming the Norm and Driving Reform, Fordham L.Rev. 170 (2019) 2 Paula Hannaford-Agor Et Al., Nat’l Ctr. for State Courts, The Landscape of Civil Litigation In State Courts 31 (2015), https://www.ncsc.org/__data/assets/pdf_ file/0015/25305/civiljusticereport-2015.pdf. 3 Paula Hannaford-Agor Et Al., Nat’l Ctr. For State Courts & Inst. for The Advancement of The Am.Legal Sys., Family Justice Initiative: The Landscape of Domestic Relations Cases In State Courts 20-24 (2018), https://www.ncsc.org/__ data/assets/pdf_file/0018/18522/fji-landscape-report.pdf. 4 Russell Engler, Connecting Self-Representation to Civil Gideon: What Existing Data Reveal about When Counsel Is Most Needed, 37 FORDHAM URBAN L.J. 37, 47 n.44 (2010), https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?referer=&htt psredir=1&article=2321&context=ulj. 5 Pew Charitable Trs., How Debt Collectors Are Transforming The Business of State Courts 2 (2020), https:// www.pewtrusts.org/-/media/assets/2020/06/debt-collectors-to consumers.pdf. 6 Access to Justice Commission, The Justice Gap in Montana: As Vast a Big Sky Country (June 2014) available at http://courts.mt.gov/supreme/boards/a2j/materials.mcpx. 7 Rebecca Sandefur, “Legal Advice from Nonlawyers,” Stanford Journal of Civil Rights and Civil Liberties (2020), page 305, available at https://law.stanford.edu/wp-content/ uploads/2020/06/04-Sandefur-Website.pdf 8 See Mont. Code Ann. § 26-1-812 for Montana’s advo cate privilege.

Community Justice Workers, requiring them to complete classes and mock hearings. Certifications will require periodic review. At the conclusion of the training, the Community Justice Workers will be prepared to provide legal services in order of protection proceedings in Montana’s justice and city courts. The services would include drafting documents, providing legal advice, and appearing in court on behalf of a victim. Community Justice Workers would be “volunteers” of MLSA and could be employed by non-profit or government agencies around Montana with similar missions. These Workers would be required to offer their services free of charge to clients, although they could receive pay from their respective nonprofit or government employers. Their clients would be clients of MLSA and thus protected under MLSA’s malpractice insurance. Applicants for legal assistance will be advised that the Community Justice Workers are not lawyers. Clients must give their informed consent, confirmed in writing, in order to receive legal assistance. MLSA’s program attorney will provide the Community Justice Workers’ training and offer shadow ing and mentoring opportunities to the trainees. The attorney will conduct evaluation sessions with the Community Justice Workers to review the assistance they are providing, discuss reported concerns, provide additional guidance, and ensure the Community Justice Workers are complying with all pro gram requirements. Partners will refer survivors and victims who need additional civil legal aid assistance to MLSA. In conjunction with the Supreme Court Administrator’s office, MLSA has also secured funding to expand the program to include housing and consumer legal matters in Justice Court. This second stage of the program will build upon the lessons learned in Order of Protection cases and will be developed with the guidance of MLSA’s senior staff mem bers working in housing and consumer legal aid. As with the domestic violence-focused program, the intent will be to complement the services that are in existence, while simul taneously expanding the ability of Montanans to proceed in

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