Public Defender-Conflict

State of Montana•Helena, MT

About The Position

The Public Defender works in the Conflict Defender Division, which is separate from and independent of the regional and local offices. The division represents clients in cases referred to it because conflicts have been identified. Public Defenders provide defense representation to indigent clients and other people entitled by law to counsel in criminal and civil matters, including criminal charges, youth court proceedings, involuntary mental health or developmental disability commitments, dependent/neglect matters involving parents and children, and guardianship or conservatorship proceedings. They exercise professional judgment, provide competent legal services, and collaborate with underprivileged populations to ensure clients receive needed services and to improve the services OPD provides. The role involves representing clients in court and other legal proceedings, including cases that may be high-profile or involve significant liability, death-penalty exposure, or life imprisonment. It also includes legal research and document preparation, interviewing witnesses and experts, advising clients, negotiating settlements, and collaborating with attorneys during hearings and trials. The position works in offices, courts, and sometimes jails, detention centers, or mental health facilities. Workload fluctuations may require more than 40 hours per week; travel for court, training, and client services may be as much as 40% of the time. Continuing legal education is required to meet Bar requirements.

Requirements

Juris Doctorate degree from an accredited law school.
Membership in the State Bar of Montana.
Knowledge of legal and court policies, procedures, and practices, particularly as they relate to indigent defense.
Knowledge of state and federal laws, rules, regulations, judicial interpretations, and precedents.
Familiarity with methods and tactics used in defending legal actions in court.
Knowledge of Montana criminal law and criminal procedure.
Ability to stay current with legal developments through research, including use of the agency-endorsed legal research program.
Knowledge of relevant Montana Code Annotated provisions, including Titles 40, 41, 45, 46, 47, 53, 61, and 87, and the Rules of Evidence and Rules of Appellate Procedure.
Ability to understand mental disorder classifications and medical terminology related to mental disorders, developmental disabilities, chemical dependence, and alcoholism, including their effects on client communication.
Ability to work effectively with marginalized populations and sensitivity to cultural differences that may affect attorney-client relationships and communication.
Knowledge of statutory requirements, case law, and court rules related to guardianship and conservatorship, as well as relevant pleas and community services for youth, minors, and people needing mental health or social services.
Skill in using standard office equipment, programs, and software.
Strong organization, time-management, oral communication, and written communication skills.
Ability to learn and consistently use the agency case-management system.
Ability to establish and maintain effective relationships with others.
Ability to learn and understand evidence-collection principles and practices.
Ability to research and analyze documents effectively.
Ability to maintain professionalism when critiqued.
Ability to recognize when to consult peers to avoid unnecessary research or argument.
Ability to work independently on arguments involving multiple issues.
Ability to complete and submit an online application and upload required application materials, including a cover letter, resume, and references for two current or former supervisors and one professional peer.

Nice To Haves

Previous experience in criminal defense.

Responsibilities

Represent clients in court, hearings, legal proceedings, and before government entities, including at the Montana Supreme Court as necessary.
Provide legal defense in cases that may be high-profile or involve significant liability exposure, the death penalty, or life imprisonment.
Review and prepare legal documents, including opinions, forms, contracts, and other legal agreements.
Prepare findings of fact, conclusions of law, and orders following legal proceedings.
Prepare evidence, exhibits, and legal documents needed to litigate cases.
Interpret and apply state and federal laws and administrative rules.
Identify and interview parties, witnesses, and experts, and prepare parties to testify.
Research and respond to questions or complaints, provide information, explain policies and procedures, and facilitate resolutions.
Provide consultation, recommendations, legal advice, settlement negotiations, and assistance with legal decisions.
Assist or collaborate with other attorneys during trials and hearings.
Handle matters involving substantial legal precedent and analyze, interpret, and advise on new laws without established case precedent.
Serve as a legal advisor across multiple fields of law and, when applicable, develop expertise and provide training and guidance.
Attend continuing education trainings as required and necessary.
Provide office support as requested or needed.
Perform other duties as assigned.