Appellate Defender

State of Montana•Helena, MT

8d•Hybrid

About The Position

Appellate Defenders provide efficient and effective representation to clients entitled to representation by the Appellate Defender Division (Division) of the Office of State Public Defender (Agency) as they pursue appellate review of lower court cases in the Montana Supreme Court. Appellate Defenders are expected to exercise professional judgment and render timely, efficient, and effective legal services for all cases handled by the Division, which involve a variety of fields of law, and which range from routine to complex constitutional, high profile, and death penalty litigation. This position provides information and legal advice to clients regarding the appeal process, advises on the options available in the state court system, and determines how to present cases to the Montana Supreme Court. Additionally, Appellate Defenders may provide legal advice and training to other public defenders and to contract attorneys for the Agency. Appellate Defenders must have passion for public defense, and a commitment and willingness to work collaboratively with underprivileged populations and must continually advocate and strive to improve the level of service to our clients provided by themselves, their team, the Division, and the Agency. This position reports to a Managing Appellate Defender.

Requirements

Juris Doctorate Degree from an accredited law school
Membership in the State Bar of Montana
General knowledge of the roles and duties of court appointed counsel.
General knowledge regarding the statutes, standards, policies, and procedures regarding the creation and operation of OPD and the function and duties of OPD.
Extensive knowledge of legal and court policies, procedures, practices, and their application with particular emphasis on indigent defense.
Extensive knowledge of state and federal constitutional laws, rules and regulations and their judicial interpretation and precedents.
Familiarity with methods and tactics employed in the defense of legal actions in courts.
Extensive knowledge of Montana criminal law and procedure.
A continuing obligation to stay abreast of changes and developments in the law.
Knowledge of Titles 40, (Uniform Parentage Act), 41 (Montana Youth Court Act and Child Abuse and Neglect), 45 (Crimes), 46 (Criminal Procedure), 53 (Mental Disorder), Montana Code Annotated; Montana Rules of Evidence; and Montana Rules of Appellate Procedure
Knowledge of the classification of mental disorders and the ability to read and understand medical terminology related to mental disorders, developmental disabilities, chemical dependence and alcoholism, and how a particular mental disorder, developmental disability, chemical dependence or alcoholism will affect client communications and should recognize that communications may require special efforts on the part of counsel.
Ability to review, absorb, and synthesize lengthy appellate records in an efficient manner.
Ability to assemble and organize facts logically, clearly, and concisely and in an efficient manner.
Ability to communicate effectively and persuasively verbally and in writing.
Ability to effectively and efficiently conduct legal research regarding potential appellate issues based on the record on appeal, the current state of the law, and potential arguments regarding what the law should be, including both issues with substantial legal precedent and novel issues with little or no precedent, and to discern when to stop researching an issue.
Ability to work independently on complex matters with multiple legal and factual issues.
Ability to discern when to consult and collaborate with Managing Appellate Defenders and Appellate Defenders, the Division Administrator, and postconviction counsel.
Ability to problem-solve, to exercise independent professional judgment, and to make difficult strategic legal decisions in a timely and efficient manner.
Ability to draft complex legal documents, including appellate opening briefs, reply to briefs, motions, stipulations, affidavits/declarations, proposed orders, petitions, and opinion letters.
Ability to maintain professionalism when critiqued.
Ability to work effectively with marginalized populations who are disproportionately impacted by the criminal justice system in Montana.
Ability to understand and be sensitive to cultural differences that may affect the attorney/client relationship and communications and relationship and communications with team members.
Ability to establish and maintain effective working relationships with indigent clients, attorneys, elected officials, justices, court personnel, Agency personnel, and the public.
Ability to have difficult conversations with patience, compassion, and empathy.
Ability to self-motivate, set internal and personal deadlines and goals, and work efficiently without prompting.
Skilled in applying client-centered representation principles.
Skilled in the use of standard office equipment, programs and software.
Ability to learn, understand, and consistently utilize OPD case management systems.

Nice To Haves

Previous experience in criminal defense
Experience with appellate legal concepts

Responsibilities

Provides timely, effective, and efficient representation to clients entitled by law to court-appointed counsel in direct appeals of criminal, juvenile, involuntary mental health commitments, child abuse and neglect, guardianships, and private adoption matters and related proceedings for extraordinary writs before the Montana Supreme Court, including in high-profile cases and cases involving significant legal consequences such as the death penalty or life in prison, in accordance with constitutional and statutory standards and Agency and Division policies, procedures, and standards of practice, including requirements regarding time keeping, client communications, and case assignment protocols.
Engages in client-centered representation by keeping clients informed regarding the status of their cases, consulting with clients regarding their objectives and desired issues to be raised on appeal, making recommendations and giving appropriate legal advice, and/or facilitating legal decisions for the client.
Reviews, assesses, and analyzes lengthy appellate records.
Researches and assesses potential legal issues based on the record on appeal, the current state of the law, and potential arguments regarding what the law should be, including both issues with substantial legal precedent and novel issues with little or no precedent.
Exercises independent legal judgment to interpret and apply state and federal Constitutional, statutory, and administrative laws and applicable caselaw, including caselaw from other jurisdictions, to the facts of a client’s case.
Consults and collaborates with other attorneys, including trial defense counsel, Managing Appellate Defenders, other Appellate Defenders, the Division Administrator, and postconviction counsel, where appropriate.
Prepares complex appellate briefs, motions, petitions, and related legal documents.
Conducts oral arguments when ordered by the Montana Supreme Court.
Attends and may provide continuing education trainings as necessary.
Provides office support as requested or needed, e.g., electronically filing pleadings, electronic file maintenance, emptying trash and recycling, and related tasks.