Received this in an email from MSSA:

HB 629 is MSSA’s bill to allow recovery of defense costs and attorney fees if a person is charged with a crime, pleads self-defense, and is not convicted.  This bill made eligible defense costs a claim against the prosecutor’s budget, to serve as a deterrent against frivolous prosecutions or those advanced by anti-gun prosecutors to punish gun owners financially.

However, Montana county attorneys objected to having to pay for their careless or vindictive prosecutions, so, at their request, the House Judiciary Committee amended HB 629 to make eligible defense costs a claim against the state instead of against the prosecutor’s budget.

HB 629 passed the floor of the House on Second reading but was re-referred to the House Appropriations Committee because, as amended, it had fiscal consequence for the state.  The Appropriations Committee summarily tabled (killed) the bill because they couldn’t predict just what the fiscal consequence would be for the state.  Chalk this loss up to opposition by Montana county attorneys.

So let’s get this straight. You are forced to defend yourself, and a prosecutor decides to take a very weak case to court against you. You’re now financially ruined. You’ll spend a couple of years and most of your assets defending yourself. You win in court. All the prosecutor has to say is “Never mind.” You’re still ruined financially.

Prosecutors have a duty to justice — their duty is not to “win at all costs”. The prosecutor is supposed to be a filter against unjust cases. Unfortunately, there are no consequences for pursuing weak cases. With virtually unlimited financial resources at their disposal and facing a minimal risk of repercussions, prosecutors often decide to take cases to trial, leaving it up to the jury to determine the outcome. Unfortunately, even when a defendant is ultimately found not guilty or receives a favorable result, they are still left footing the bill for expensive legal fees.

This bill made a lot of sense, but removing the financial claim against the prosecutor’s budget made it toothless. The Appropriations Committee killed the bill because that amendment would have required an increase in an unpredictable budget. If it hadn’t been amended, there wouldn’t have been any financial effect to the state, just a rearrangement of the prosecutor’s budget. And prosecutors would be a lot more careful about the cases they bring. They certainly wouldn’t be bringing cases just to harass a defendant.

You think prosecutors don’t bring these types of cases to court? Rachel Ann Bellesen was very fortunate that a team of lawyers were willing to represent her pro bono. Her case was dismissed with prejudice after 229 days. Didn’t cost the prosecutor a penny.

This bill is currently dead, but you should contact your representatives to have that horrible amendment removed and get this back on track.