Managing Public Defender

State of Montana-posted 3 months ago

Full-time • Senior

Remote • Butte, MT

5,001-10,000 employees

Executive, Legislative, and Other General Government Support

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Managing Attorneys ensure that effective and efficient legal services are rendered for clients represented by the Office of the Public Defender by providing guidance, leadership and day to day supervision to Public Defenders within an assigned office or Region. This position's responsibilities involve establishing office protocols, ensuring that public defender assignments within the Public Defender Office comply with the provisions of MCA 47-1-202(7); Contracts for services as provided in MCA 47-1-216; conducts record keeping of public defender and associated services of Office expenses and Implements the standards and procedures established by management. 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 indigent clients in a variety of cases. 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.

Represents clients in court, during hearings or before other legal proceedings and government entities; includes cases at the Montana Supreme Court as necessary
Provides legal defense in cases that may be high-profile, involve significant liability exposure or death penalty, 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
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 across multiple fields of law; 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 Regional Public Defender, 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 as Regional Deputy Defender as needed

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 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
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
Classification of mental disorders and the ability to read and understand medical terminology related to mental disorders, developmental disabilities, chemical dependence and alcoholism
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

Previous experience in criminal 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

Health coverage
Retirement plans
Paid vacation, sick leave, and holidays
Work/life balance
Flexible schedules
Opportunities and room for professional growth
Telework (when applicable)
Public Service Loan Forgiveness

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