Public Defender-Family Defense Specialist

State of Montana • Billings, MT

20d

About The Position

Public Defenders – Family Defense Specialist serve as a defense attorney for indigent clients in dependency and neglect civil cases who are entitled by law to assistance of counsel pursuant to Montana Code Annotated Title 41 and Title 47. This public defender attorney position is expected to exercise professional judgment and render competent legal services representing parents and children in dependent/neglect matters. Public Defenders must have a passion, commitment, and willingness to work collaboratively with underprivileged populations to ensure that needed services are provided. Public Defenders 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
• Knowledge of legal and court policies, procedures, practices, and their application with reference to indigent defense.
• State and federal laws, rules and regulations and their judicial interpretation and precedents.
• Familiarity of methods and tactics employed in the defense of legal actions in courts.
• General knowledge of Title 41, Mont. Code Ann. and its application in the State of Montana as it applies to clients in the dependency and neglect system.
• Continuing obligation to stay abreast of changes and developments in the law with legal research; including learning and using the agency endorsed legal research program.
• Knowledge of Title 3 (Judiciary, Courts), (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), Title 25 (Civil Procedure), Title 26 (Evidence), Montana Code Annotated, 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.
• Ability to work effectively with marginalized populations, who are disproportionately impacted by the justice system in Montana.
• Ability to understand and be sensitive to cultural differences that may affect the attorney/client relationship and communications.
• Statutory requirements governing guardianship and conservatorship in the jurisdiction as well as case law and court rules, services available to youth, and mental health and social services that may be available in the community.
• Skilled in use of standard office equipment, technology, electronic filing, programs, and software.
• Strong organization, time management, and oral written communication skills.
• Ability to learn, understand, and consistently utilize the agency's case management system.
• Ability to establish and maintain effective relationships with others.
• Ability to learn and understand the principles and practices of evidence collection.
• Ability to effectively research and analyze documents.
• Able to be professional and maintain professionalism when critiqued.
• Ability to discern when to consult with peers to avoid unnecessary research or argument.
• Ability to work independently on arguments with multiple issues.

Responsibilities

• Represents clients in court, in other legal proceedings, or before other government entities; includes cases at the Montana Supreme Court as necessary.
• Reviews and prepares legal documents including but not limited to motions, briefs, memos, proposed orders , forms, contracts and/or other legal agreements.
• Prepares appropriate proposed 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.
• Provide consultation, make recommendations, give appropriate legal advice, explore settlement negotiations, and/or facilitate case resolutions..
• 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 dependence and neglect matters; may develop expertise in specific fields of law and provide training and guidance as necessary.
• May serve as a principal legal advisor in a specific field of law.
• Attends continuing education trainings as required and necessary.
• May provide office support as requested or as needed.

Benefits

• 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 - Employment with the State of Montana may qualify you to receive public service loan forgiveness – visit the Federal Student Aid website to learn more!

What This Job Offers

• Job Type: Full-time
• Career Level: Entry Level
• Education Level: Ph.D. or professional degree