Prosecution Attorney

State of Montana•Helena, MT
•Onsite

About The Position

The Prosecution Attorney prepares and tries major criminal cases, individually and as part of a prosecution team, with a strong emphasis on high-profile violent-crime matters. The Prosecution Services Bureau provides legal services across Montana, including prosecuting major cases, providing training and trial assistance, and conducting research and consultation for local, state, and federal law-enforcement agencies as authorized by the Attorney General and required by law. The attorney represents the State of Montana in complex criminal prosecutions, evaluates investigative files, conducts legal research and analysis, prepares witnesses and evidence, and handles pretrial and trial proceedings. The role also includes advising and training local prosecutors, coordinating with law-enforcement agencies and other justice-system partners, and potentially handling special assignments such as Montana State Fund fraud or Fish, Wildlife, and Parks cases. The position may also serve as a Department of Justice liaison to the Legislature for statewide data reporting. Helena is the preferred location, though other Montana locations may be considered.

Requirements

  • Juris Doctor degree.
  • At least two years of specialized law and litigation experience.
  • Admission to and maintenance of licensure in good standing with 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. Attorneys with five years of practice in another state and good standing may be eligible for admission on motion.
  • Other combinations of education and experience may be considered case by case.
  • Submit a resume, cover letter, and legal writing sample of 5,000 words or less, prepared within the last five years at the time of application.
  • Successful applicants are subject to a criminal-history fingerprint check and driving-history check.

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 across the state, including presenting witnesses, evidence, arguments, and motions, and conducting hearings and trials before district court judges and juries.
  • Conduct legal research and analysis on legal and factual issues in felony criminal cases before state trial and appellate courts, particularly criminal law and procedure and violent-crime matters such as homicide and sexual offenses.
  • Evaluate investigative case files from local law enforcement and the Montana Division of Criminal Investigation to determine whether felony prosecution is warranted.
  • Communicate with and prepare witnesses for trial; collect or supervise collection of information needed for prosecutions; and engage expert witnesses as needed.
  • Conduct pretrial discovery and determine when search warrants or investigative subpoenas are needed; draft and execute subpoenas and warrants.
  • Analyze case circumstances, develop trial-presentation alternatives, and coordinate cases to maintain consistency and organization.
  • Prepare briefs, pleadings, jury instructions, and other legal documents.
  • Determine the propriety of plea agreements and negotiate agreements to resolve complex felony cases before trial.
  • Serve as lead attorney on tried cases and supervise investigative efforts by local law-enforcement officers and the Montana Division of Criminal Investigation 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, and provide advice and assistance on related issues.
  • Maintain working relationships with federal, state, and local law-enforcement agencies, the state crime lab, local prosecutors, courts, and defense attorneys.
  • Potentially undertake special assignments, including Montana State Fund fraud or Fish, Wildlife, and Parks cases, and potentially serve as a liaison between the Department of Justice and the Legislature regarding statewide data reporting.

Benefits

  • Medical, dental, and vision coverage
  • Retirement plans
  • Paid vacation, sick leave, and holidays
  • Pre-tax Flexible Spending Accounts
  • Employee Assistance Program
  • State employment may qualify for Public Service Loan Forgiveness.

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What This Job Offers

Job Type

Full-time

Career Level

Mid Level

Education Level

Ph.D. or professional degree

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