Conflict Regional Public Defender

State of Montana•Bozeman, MT

3d•Hybrid

About The Position

The Conflict Regional Public Defender is instrumental in ensuring that effective and efficient legal services are rendered for clients represented by the Office of the Public Defender by providing operational oversight, leadership and personnel management within an assigned Region of the agency. This position’s responsibilities involve providing administrative management and guidance on all public defender services provided within the Conflict Division, supervision of Managing Attorneys, conducting planning and establishing protocols, policy and procedures to ensure efficient operations. The Conflict Regional Public Defender assists with carrying out the operating plan and ensures proper management of OPD offices to effectively and efficiently provide legal services to those that qualify for these services under Montana law. The Conflict Regional Public Defender also provides leadership and policy support to the Division 3 Administrator. Public Defenders must have a passion, commitment, and willingness to work collaboratively with underprivileged populations to, not only, ensure that needed services are provided, they continually advocate and strive to improve the level of services OPD provides to its clients.

Requirements

Juris Doctorate Degree from an accredited law school
Membership in the State Bar of Montana
Demonstrates responsible leadership skills to direct a complex organization through effective planning and delegation to manage, supervise and utilize the skills of staff to meet the needs of the Public Defender System
Experience in providing leadership or supervision to Attorneys
Knowledge of the State of Montana policies and procedures
Knowledge of the State Office of Public Defenders policies and procedures
Knowledge of all employee roles within the Division
Extensive knowledge of the Public Defender arena, roles and duties of court appointed counsel, Montana Rules of Professional Conduct, and general knowledge of business applications including human resource management, financial management, and budget processes
Legal and court policies, procedures, practices and their application with particular emphasis on indigent defense
State and federal laws, rules and regulations and their judicial interpretation and precedents
Methods and tactics employed in the defense of legal actions in courts
Extensive knowledge of substantive criminal law and the law of criminal procedure and its application in the State of Montana
Counsel has a continuing obligation to stay abreast of changes and developments in the law; including learning and consistently utilizing the agency endorsed legal research program
Knowledge of Titles 40 (Uniform Parentage Act), 41 (Montana Youth Court Act) (Child Abuse and Neglect), 45 (Crimes), 46 (Criminal Procedure), 47 (Access to Legal Services), 53 (Mental Disorder),61 (Motor Vehicles), 87 (Fish and Wildlife), Montana Code Annotated; Rules of Evidence, Rules of Appellate Procedures, and other applicable title provisions
Specific knowledge of the Regional Public Defender role in MCA 47-1-215 and the Conflict Defender Division Administrator role as outlined in MCA 47-1-202
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
Statutory requirements governing guardianship and conservatorship in the jurisdiction as well as case law and court rules
Various types of pleas that may be agreed to, including a plea of guilty, a plea of nolo contendere, and a plea in which the defendant is not required to personally acknowledge his or her guilt
Services available to youth, minors; mental health and social services that may be available in the community
Principles and practices of evidence collection
General legal principles and their applications, the powers, functions and duties of the Public Defender office
Knowledge of paperless files and electronic filing with the Courts
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
Provide strong leadership and direction
Deal effectively with highly sensitive public, political and agency specific issues
Able to develop and implement statewide policies and program goals based on short and long-term strategic planning goals, management concepts and practices
Assess hypothetical situations and impacts
Consolidate a unified strategy in response to numerous issues and concerns
Make proper decisions in stressful situations
Recognize, analyze and solve complex problems
Analyze highly complex legal documents for clarity and legal sufficiency
Assemble, appraise and organize facts and to logically, clearly and concisely present evidence and other matters in accepted oral and written legal forms
Direct a complex organization through effective planning, delegation and leadership
Motivate, lead and supervise Managing Attorneys, Office Managers, Public Defenders, Investigators and Case Managers.
Recognize, analyze and solve complex management problems
Prepare and supervise the preparation of accurate and reliable legal documents and perform a wide variety of legal tasks under the pressure of time-sensitive deadlines
Carry out legal research; analyze legal documents and instruments for clarity and legal sufficiency; assemble, appraise and organize facts and logically, clearly, and concisely present noncomplex evidentiary matters and other materials in accepted oral and written legal forms
Frame issues based on the policy implications associated with the Public Defender System
Establish and maintain effective working relationships with indigent clients, attorneys, elected officials, witnesses, Judges, court personnel, law enforcement personnel, agency personnel and the public
Prepare briefs, opinions and pleadings, and in carrying out legal research of a difficult nature
Problem solving and decision making
Must be self-motivated and customer oriented
Skilled in use of standard office equipment, programs and software
Ability to learn, understand and consistently utilize the agency case management system
Able to gain respect and manage and utilize the skills of staff
Able to exhibit personal accountability and ownership of decisions
Accept direction and guidance from the Division Administrator
Energize and lead others and show a commitment to the Agency’s mission

Nice To Haves

Experience in indigent defense preferred

Responsibilities

Oversee office operations including establishing the l office structure, communicating and enforcing agency values, and contributing to strategic business decisions to achieve our overall agency goals
Supervise legal work, professional development and performance of Managing Attorneys in Conflict Division.
Responsible for hiring, yearly evaluation, motivating, corrective action and termination of Public Defenders, Managing Attorneys, other staff within the assigned area.
Responsible for directing, coordinating and supervising the work and activities of Managing Attorneys and Public Defenders
Provide leadership, advice and training and evaluates work and performance of Managing Attorneys.
Determine appropriate caseload limits for Managing Attorneys and staffing levels for offices
Must have physical presence in regional offices throughout the year with direct in-person observation of each office.
Participate in consistent and regular cultivation and/or reporting activities (Teams meetings or phone updates) with offices in the Division.
Promote a professional work environment throughout the Division
May act as legal counsel in limited circumstances
May be required to fill in for Managing Attorneys who are out on leave or otherwise unable to perform their duties
Establish and implement the standards and procedures for the Division, such as required time keeping, case closing and data entry requirements
Ensure that public defender procedures, protocols and assignments within the Division are following policy or statutes and that public defender services are rendered in a timely and consistent manner
Ensure that meaningful and accurate data is being collected by the Agency
Ensure that all offices have robust conflict identification procedures consistent with Agency policy that ensure conflicts are identified in a timely manner
Responsible for reviewing budget, state office leases and other regional expenditures; makes client centered and budget conscious decisions regarding expenditures
In coordination with the contracting managers, may review contractor preapprovals and bills, and approve or deny as appropriate
Participate in the development of operational plans, goals and directives to meet Division and Agency needs and develop recommendations for enhancing the operations and services of the Office of the Public Defender
Provides leadership and policy support to the Conflict Defender Division Administrator
Develop and foster relationships with stake holders and service providers within the Division to ensure that services are available to attorneys; foster relationships with new service providers that are willing to provide services for the agency
Assist others in representing clients in court, during hearings or before other legal proceedings and government entities; includes cases at the Montana Supreme Court as necessary
Assist others in providing legal defense in cases that may be high-profile, involve significant liability exposure or death penalty, and/or life in prison
Reviews and prepares legal documents including but not limited to opinions, forms, contracts and/or other legal agreements
Prepares appropriate findings of fact, conclusions of law, orders after appropriate legal proceedings
Prepares evidence, exhibits, and legal documents necessary to litigate cases
Review eligibility determinations and use appropriate discretion regarding filing motions to rescind OPDs appointment
Interprets and applies state and federal laws and administrative rules
Identifies and Interviews parties, witnesses, and experts involved during the legal proceedings and prepares parties to testify
Receives, researches, and responds to questions or complaints; provides information, explains policy and procedure, and/or facilitates a resolution
Provides consultation, make recommendations, give appropriate legal advice, settlement negotiations, and/or facilitates legal decisions
Aids and/or collaborates with other attorneys during trials and hearings
Handles cases with substantial legal precedent as well as analyzes, interprets, and advises about new laws that have no case precedent
Serves as a legal advisor across multiple fields of law; may develop expertise in specific fields of law and provide training and guidance as necessary
Perform other duties as assigned by the Conflict Defender Division Administrator