Appellate Attorney

State of Montana•Helena, MT

12d•Hybrid

About The Position

The Appellate Services Bureau represents the State of Montana in criminal cases that are appealed to the Montana Supreme Court. Appellate Services also handles appeals in dependency and neglect cases resulting in termination of parental rights and appeals in involuntary commitment proceedings. The Appellate Attorney is required to handle issues of statutory interpretation and constitutional analysis that have statewide significance. This requires the ability to meticulously review lower court records and transcripts, conduct legal research, and write persuasive briefs advocating for the State’s position. Appellate Services’ Attorneys are also responsible for conducting oral arguments in the Montana Supreme Court when the Court orders a case to be argued. In addition, Appellate Services handles complex federal habeas corpus cases in the federal district court and the Ninth Circuit Court of Appeals. Federal habeas cases sometimes require depositions and evidentiary hearings. Handling federal habeas cases requires knowledge of procedural defenses that are unique to federal habeas litigation, and the ability to work effectively with voluminous case files that sometimes span decades. Federal habeas cases may involve an oral argument in the Ninth Circuit. Attorneys within Appellate Services must have the skills to manage competing deadlines and work independently on their cases. Appellate attorneys collaborate with colleagues and with prosecutors around the State to determine the best strategy to advance the goals of the criminal justice system. The preferred location for this position is in Helena, but other locations in MT may be considered.

Requirements

Juris Doctor Degree.
At least two years of specialized law and litigation experience.
Admission to and maintenance of licensure from the State Bar of Montana.
If licensed in another state, must be able to become licensed to practice law in Montana within a reasonable time.
Resume attached at the time of application.
Cover letter attached at the time of application.
Legal writing sample of 5,000 words or less, from a document or portion thereof, prepared within the last five years at the time of application.

Nice To Haves

Experience practicing criminal law in Montana.
Appellate experience in the Montana Supreme Court and/or federal practice experience.
Individuals with 5 years of practice in another state in good standing are eligible to be admitted on motion.

Responsibilities

Handle issues of statutory interpretation and constitutional analysis that have statewide significance.
Meticulously review lower court records and transcripts.
Conduct legal research.
Write persuasive briefs advocating for the State’s position.
Conduct oral arguments in the Montana Supreme Court when the Court orders a case to be argued.
Handle complex federal habeas corpus cases in the federal district court and the Ninth Circuit Court of Appeals.
Conduct depositions and evidentiary hearings in federal habeas cases.
Manage competing deadlines.
Work independently on cases.
Collaborate with colleagues and with prosecutors around the State to determine the best strategy to advance the goals of the criminal justice system.