Montana Public Defender Director Brett Schandelson to Step Down in November

HELENA, MT — Montana’s Office of Public Defender Director Brett Schandelson will step down November 19, the Department of Administration announced Tuesday.

Schandelson has served the Office of Public Defender for nearly eight years, beginning as Development and Operations Bureau Chief before being promoted to director in 2022.

His departure comes as the office faces what it calls a “Public Defender Shortfall,” with the equivalent of over 51 full-time public defenders’ worth of work going unassigned each month in fiscal year 2025, according to the office’s annual performance report released this year. The shortfall resulted in delayed assignments for more than 7,500 cases representing over 5,700 clients.

“I am deeply proud of what our OPD team has been able to accomplish, overcoming enormous challenges and building lasting systems for better public defense in Montana,” Schandelson said in a statement.

Those challenges included staffing shortages and insufficient funding that the office attributes to three factors: too few full-time public defender positions, below-market contract attorney rates, and an insufficient number of available attorneys statewide. “Thanks to the dedication and skill of this team, and our shared commitment to our mission, I have every confidence that OPD’s future will be bright, and the agency will continue to thrive in the years ahead.”

Governor Greg Gianforte praised Schandelson’s tenure, calling him “a stalwart defender of the constitutional rights of Montanans.”

“I thank him for his service to the State of Montana and his commitment to a smooth transition at OPD going forward,” Gianforte said.

Department of Administration Director Misty Ann Giles, who announced Schandelson’s departure, echoed those sentiments.

“I thank Brett for his time at OPD. He has worn many hats while at OPD – most importantly, protecting Montanans’ constitutional right to counsel,” Giles said.

The Office of Public Defender provides legal representation to Montanans who cannot afford private attorneys in criminal cases, ensuring constitutional rights to counsel are protected statewide.

No timeline has been announced for selecting Schandelson’s replacement.

No replacement has been announced for the position.

“I want to thank the Governor, Director Giles, the Budget Director, and all of my colleagues for their invaluable support of me and OPD over the years,” Schandelson said.