Managing Appellate Defender

State of Montana•Bozeman, MT

11d•Hybrid

About The Position

Managing Appellate Defenders ensure that indigent clients and other clients entitled to representation by the Appellate Defender Division (Division) of the Office of State Public Defender (Agency) receive efficient and effective representation as they pursue appellate review in the Montana Supreme Court of lower court cases. Managing Appellate Defenders exercise professional judgment and render competent legal services for all cases handled by the Division, which can range from routine to complex constitutional, high profile, and death penalty litigation. Managing Appellate Defenders provide direct client representation in a variety of fields of law. They also provide guidance, leadership and day-to-day supervision to Assistant Appellate Defenders who are members of their team. This position’s responsibilities involve establishing protocols for their team members; ensuring that team members’ assignments comply with constitutional and statutory standards, and Agency and Division policies, procedures, and standards of practice; and assisting in the development, implementation, and evaluation of Agency and Division policies, procedures, and standards of practice. Managing Appellate Defenders must have a passion, commitment, and willingness to work collaboratively with underprivileged populations and must continually advocate and strive to improve the level of service provided by their team, the Division, and the Agency to our clients.

Requirements

Extensive knowledge of the roles and duties of court appointed counsel.
General knowledge of business applications including human resource management, financial management, and budget processes.
Extensive 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 of 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.
Ability to draft legal documents, including appellate briefs, reply briefs, motions, stipulations, affidavits, proposed orders, and petitions for writs.
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 assemble and organize facts logically, clearly and concisely.
Ability to communicate effectively and persuasively verbally and in writing.
Ability to effectively research and analyze legal documents, including carrying out difficult legal research, and to discern when to stop researching.
Ability to maintain professionalism when critiqued.
Ability to discern when to consult with peers.
Ability to work independently on complex arguments with multiple legal and factual issues.
Ability to prepare briefs, motions, stipulations, petitions for writs, opinion letters, and other pleadings.
Ability to problem-solve and make difficult strategic legal decisions in a timely and efficient manner.
Ability to exercise independent professional judgment.
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 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.
Ability to provide strong leadership and direction, and to motivate, lead, and supervise Appellate Defenders.
Ability to have difficult conversations with patience, compassion, and empathy.
Ability to clearly communicate expectations both verbally and in writing.
Ability to analyze highly complex legal documents for clarity and legal sufficiency under the pressure of time-sensitive deadlines and provide clear and effective written and verbal feedback.
Ability to teach, provide feedback, and correct persons of varying backgrounds, experience, and learning styles.
Skilled in effectively handling highly sensitive public, political, and OPD-specific issues.
Ability to assess hypothetical situations and impacts.
Ability to recognize, analyze and solve complex management problems.
Ability to consolidate a unified strategy in response to numerous issues and concerns.
Skilled in making proper decisions in stressful situations.
Juris Doctorate Degree from an accredited law school
Membership in the State Bar of Montana

Nice To Haves

Previous experience in criminal defense preferred.
Previous experience utilizing leadership skills to direct a complex organization through effective planning and delegation to manage, supervise and utilize the skills of attorneys to meet OPD’s needs.

Responsibilities

Represents 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 that involve significant legal consequences such as the death penalty or life in prison.
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 and prepares complex appellate briefs, motions, petitions, and related legal documents.
Interprets and applies state and federal Constitutional, statutory, and administrative laws. 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.
Consults and collaborates with other attorneys, including defense counsel below, other Managing Appellate Defenders and Appellate Defenders, the Division Administrator, and postconviction counsel, where appropriate.
Conducts oral arguments when ordered by the Montana Supreme Court.
Provides leadership, advice, and training to Appellate Defenders, including but not limited to team members, across multiple fields of law.
Directs, coordinates, and supervises work and activities of team members
Ensures propriety and timeliness of briefs, petitions, motions, case preparation, scheduling, and follow-up by team members.
Communicates constitutional and statutory standards and Agency and Division policies, procedures, and standards of practice to team members and creates protocols to implement the same.
Actively monitors and evaluates team members’ compliance 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.
Takes corrective action when necessary to ensure compliance with constitutional and statutory standards and Agency and Division policies, procedures, and standards of practice.
Receives, researches, and responds to questions regarding the appellate process from various stakeholders, including but not limited to potential, current, and former clients; public defenders; contract attorneys; postconviction counsel; and members of the judicial branch. Provides information, explains policies and procedures, and/or facilitates a resolution, as required.
Responsible for hiring, discipline, and firing of Appellate Defenders within assigned team.
Ensures processes are in place to accurately and timely collect and report data and information critical to the operation of the Agency and Division.
Investigates complaints and grievances from clients and recommends appropriate resolution of problems in consultation with Division Administrator.
Reviews all potential conflicts of interest and makes final determination regarding whether a conflict exists. Takes appropriate actions to protect clients’ interests, including making sure that clients continue to receive representation while conflict-free counsel is located.
Actively engages in a process for continual improvement of the Agency’s and Division’s operations and services.
Participates in the development of policies, procedures, standards of practice, operational plans, goals, and directives to meet Agency and Division needs by actively seeking feedback from team members, developing recommendations, and communicating such recommendations and providing feedback to the Division Administrator and other members of the Division management team and Agency leadership team.
Consults and collaborates with other managers regarding Division operations and services.
Attends continuing education training, workshops, and conferences and provides continuing education training as necessary or required.
Provides office support as requested or needed, e.g., electronically filing pleadings, electronic file maintenance, emptying trash and recycling, and related tasks.
Performs other duties as assigned.