Prosecution Attorney

State of Montana•Helena, MT

6d•Onsite

About The Position

The Prosecution Attorney works in the State’s Attorney’s Office within the Montana Department of Justice. The office supports justice and the rule of law through prosecution, litigation, legal defense of state laws, and other legal services. The Prosecution Services Bureau provides legal services statewide, including major-case prosecution, training and trial assistance, and research and consultation for local, state, and federal law enforcement agencies as authorized by the Attorney General and law. This attorney prepares and tries major criminal cases, individually and as part of a prosecution team, with an emphasis on high-profile violent-crime cases. The role handles complex felony prosecutions throughout Montana and may receive special assignments, including Montana State Fund fraud or Fish, Wildlife, and Parks cases. The position may also serve as a liaison between the Department of Justice and the Legislature regarding statewide data reporting. Helena is the preferred location, though other Montana locations may be considered. The position is open until filled, with the first review of candidates on 11/2/2026.

Requirements

Juris Doctor degree.
At least two years of specialized law and litigation experience.
Admission to and maintenance of a license in good standing from the State Bar of Montana, or ability to become licensed to practice law in Montana within one year of hire or a reasonable time if licensed in another state. Individuals with five years of practice in another state in good standing are eligible for admission on motion.
Other combinations of education and experience may be considered case by case.

Nice To Haves

Two years of experience prosecuting criminal cases, including homicide, sexual crimes, and other violent-crime cases.
Significant jury-trial experience as lead or co-counsel.

Responsibilities

Represent the State of Montana in complex criminal prosecutions statewide, including presenting witnesses and evidence, making arguments, handling motions and hearings, and trying cases before district court judges and juries.
Research and analyze legal and factual issues in felony cases before state trial and appellate courts, particularly criminal law and procedure and violent crimes such as homicide and sexual offenses.
Review investigative case files from local law enforcement and the Montana Division of Criminal Investigation and determine whether felony prosecution is warranted.
Communicate with and prepare witnesses, and collect or supervise collection of information needed for prosecutions.
Engage expert witnesses when needed.
Conduct pretrial discovery and determine when search warrants or investigative subpoenas are needed; draft and execute investigative subpoenas and search warrants.
Analyze case circumstances to develop trial-presentation alternatives and coordinate cases for consistency and organization.
Prepare briefs, pleadings, jury instructions, and other legal documents.
Determine the propriety of plea agreements and negotiate resolutions of complex felony cases before trial.
Lead cases through trial and supervise law-enforcement investigative efforts in preparing cases for trial.
Analyze appellate decisions for their legal effect and impact on the State’s interests.
Conduct training for local prosecutors on criminal law and procedure.
Advise and assist local prosecutors on criminal law and procedure.
Establish and maintain working relationships with federal, state, and local law-enforcement agencies, the state crime lab, local prosecutors, courts, and defense attorneys.
Potentially prosecute Montana State Fund fraud or Fish, Wildlife, and Parks cases.
Potentially serve as a liaison between the Department of Justice and the Legislature regarding statewide data reporting.