Lawyer 2

State of Montana•Warm Springs, MT

9h•Onsite

About The Position

Provides legal representation for patients at Montana State Hospital in various legal proceedings to ensure adequate counsel and protect patients' legal rights. This includes involuntary commitment and recommitment proceedings, guardianship hearings, objections to transfers, petitions for discharge, and habeas corpus petitions. The role also involves advocating for patients' interests in areas such as grievance resolution, involuntary medication use, forensic review boards, and allegations of abuse or neglect. The position requires periodic interviews with every patient and examination of treatment records to maintain familiarity with the patient population and their treatment plans. Additionally, the Lawyer 2 manages the legal services program, supervises a legal secretary, and advises the Executive Director and Board on legal matters related to the mission of the Mental Disabilities Board of Visitors. This includes ensuring staff and Board activities are consistent with the law, informing them of legal implications, and providing information for decision-making. The role also participates in periodic facility inspections, interviews staff and consumers, and submits written reports. Finally, the Lawyer 2 advises on emerging changes to law that lack case precedence.

Requirements

Admission to the state bar association
Licensed to practice law in the state of Montana
2-5 years experience practicing law
Proficiency in researching law and analyzing emerging state law

Responsibilities

Provides legal representation for patients at Montana State Hospital in 90-day involuntary commitment proceedings, 6-month and 1-year involuntary recommitment proceedings, Guardianship hearings, Objections to transfers from Montana State Hospital to Montana Mental Health Nursing Care Center, Petitions for discharge, and Habeas corpus petitions.
Advocates for patients at Montana State hospital or delegates advocacy duties to the Legal Services Program Paralegal Assistant in the resolution of grievances, the use of medications involuntarily, Forensic Review Board matters, and allegations of abuse or neglect.
Periodically interviews every patient and examines every patient's treatment records to ensure familiarity with each patient and each patient’s treatment plan.
Monitors newly admitted patients and patients whose hospitalization is ongoing to maintain familiarity with the patient population.
Prioritizes and regularly schedules in-person interviews with patients and reviews of treatment records to ensure personal contact with each patient and knowledge of each patient’s treatment progress.
Manages the legal services program at Montana State Hospital to ensure that it performs its legally required duties and carries out the mission of the Board of Visitors, including supervising one FTE, legal secretary.
Advises the Executive Director and the Board regarding legal matters relative to the mission of the Mental Disabilities Board of Visitors.
Participates in periodic inspections of facilities under the Mental Disabilities Board of Visitors’ mandate.
Interviews staff and consumers at selected facilities as assigned by Executive Director to gather information about the quality of treatment.
Submits a written report to the Executive Director summarizing observations during facility inspections.
Advise the Executive Director and Board members on emerging changes to law that lack case precedence.