Public Defender

State of Montana•Miles City, MT

About The Position

The Public Defender serves as defense attorney for indigent clients and other people entitled by law to counsel in criminal and civil cases. The attorney exercises professional judgment and provides competent legal services in matters including felony and misdemeanor criminal charges, youth court proceedings, involuntary mental health or developmental disability commitments, dependent/neglect cases involving parents and children, and guardianship or conservatorship proceedings under the Montana Public Defender Act. The role calls for a commitment to working collaboratively with underprivileged populations, ensuring clients receive needed services, and advocating to improve the services provided by the Office of the Public Defender. The position may be based in Miles City or Glendive. The work is primarily client representation, with other duties as assigned. The attorney represents clients in court and other proceedings, handles legal research and case preparation, advises clients, and may assist other attorneys or provide training and legal guidance. The position involves work in offices, courts, 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 reach 40% depending on location. Occasional exposure to stressful situations is expected, and continuing legal education is required.

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 concerning 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.
Maintain current knowledge of legal developments through research, including learning and using the agency-endorsed legal research program.
Knowledge of relevant Montana Code Annotated provisions, including Titles 40, 41, 45, 46, 47, 53, 61, and 87, as well as rules of evidence and appellate procedure.
Ability to understand mental-health classifications and medical terminology related to mental disorders, developmental disabilities, chemical dependence, and alcoholism, and how these may affect client communication.
Ability to work effectively with marginalized populations and understand cultural differences that may affect attorney-client relationships and communication.
Knowledge of guardianship and conservatorship statutory requirements, case law, court rules, plea types, 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, understand, 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.

Nice To Haves

Previous experience in criminal defense.

Responsibilities

Represent clients in court, hearings, legal proceedings, and before government entities, including the Montana Supreme Court as necessary.
Provide legal defense in cases that may be high-profile, involve significant liability exposure, or carry the possibility of 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, explain policies and procedures, and facilitate resolutions.
Provide consultation, recommendations, legal advice, settlement negotiations, and assistance with legal decisions.
Collaborate with and assist other attorneys during trials and hearings.
Handle matters involving substantial legal precedent and analyze, interpret, and advise on new laws without case precedent.
Serve as a legal advisor across multiple fields of law and potentially develop subject-matter expertise, training, and guidance.
Attend required and necessary continuing education trainings.
Provide office support as requested or needed.