Managing Attorney-Youth Defense Unit

State of Montana•Butte, MT

12d•Hybrid

About The Position

This position ensures that effective and efficient legal services are rendered for clients in youth court cases and individuals charged as adults in district court matters, under 41-5-206, who are entitled by law to assistance of counsel pursuant to Montana Code Annotated Title 41 and Title 47, and the Montana and United States Constitutions. This position’s responsibilities involve establishing office protocols and ensuring that public defender assignments within the Public Defender Office comply with the provisions of MCA 47-1-202. One of the primary goals of this position is to bring best practices and consistency across the State. In addition to the supervision and management of staff and office procedures this position will also be required to carry a caseload that will require representing clients in a variety of cases. This position is expected to exercise professional judgement and render competent legal services representing youth charged in youth courts and as well as youth charged as adults in district court matters. An individual in this position must have a passion, commitment, and willingness to work collaboratively with underprivileged populations. They must ensure that needed services are provided. They shall 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
Extensive knowledge of the Public Defender arena, roles and duties of court appointed counsel, 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 defenses and youth 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 and its application to youth matters.
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 title provisions.
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. This includes dispositions in youth cases, including informal proceedings.
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.
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.
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 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 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, their family members, attorneys, elected officials, Judges, court personnel, law enforcement personnel, agency personnel and the public.
Prepare briefs, opinions and pleadings, and carry 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.

Nice To Haves

Previous experience in criminal defense and civil youth defense preferred.
Demonstrates responsible leadership skills to direct a complex organization through effective planning and delegation to manage, supervise and utilize the skills of attorneys to meet the needs of the Public Defender System.

Responsibilities

Represents clients in court, during hearings or before other legal proceedings and government entities; includes cases at the Montana Supreme Court as necessary.
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.
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.
Provides assistance 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 in youth matters; may develop expertise in specific fields of law and provide training and guidance as necessary.
Implements office standards and procedures and ensures that work and caseloads comply with policy, procedures and/or statute, such as, time keeping, case opening and assignment requirements.
Ensures appropriate and timeliness of pleadings, motions, appeals, case preparation, scheduling, and follow-up by Public Defenders.
Responsible for directing, coordinating and supervising work and activities; provides leadership, advice and training and evaluates the work and performance of Public Defenders.
Responsible for hiring, discipline and firing of Public Defenders within assigned offices.
Serves as the Public Defender's liaison with the County Attorney's Office, District Court Judges, Justices of the Peace, and law enforcement agencies within assigned office locations to coordinate criminal and misdemeanor case activity and disposition.
In consultation with, the Division Administrator, investigates complaints and grievances from disgruntled clients and recommends appropriate resolution of problems; represents Office of the Public Defender in disputes that arise with law enforcement agencies, County Attorneys, and judicial offices regarding policies and procedures.
Participates in the development of operational plans, goals and directives to meet agency needs and develops recommendations for enhancing the operations and services of the Office of the Public Defender by Identifying costs, timing and other potential key issues; recommends appropriate course of action with the Regional Deputy Public Defender.
Approves office expenses as delegated by the Regional Public Defender and assists with budgeting.
May serve as a principal legal advisor in a specific field of law.
Attends continuing education trainings, workshops or conferences as necessary or required.
May provide office support as requested or as needed.
Provides coverage for other public defenders in the Unit as needed.