Public Defender

State of Montana•Glendive, MT

About The Position

Public Defenders serve as defense attorneys for indigent clients and other people legally entitled to counsel in criminal and civil cases. They exercise professional judgment and provide competent legal services across matters including felony and misdemeanor charges, youth court proceedings, involuntary mental health or developmental disability commitments, dependent/neglect matters involving parents and children, and guardianship or conservatorship proceedings. The role calls for a commitment to working collaboratively with underprivileged populations, ensuring clients receive needed services, and advocating for improvements to the services provided by the Office of the Public Defender. The position may be based in Miles City or Glendive and is open until filled, with frequent screenings.

Requirements

  • Juris Doctor degree from an accredited law school.
  • Membership in the State Bar of Montana.
  • Knowledge of legal and court policies, procedures, and practices, particularly those related 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 criminal law and criminal procedure as applied in Montana.
  • Ability to stay current on 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, 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, and to adapt client communications accordingly.
  • Ability to work effectively with marginalized populations and sensitivity to cultural differences that may affect attorney-client relationships and communications.
  • Knowledge of guardianship and conservatorship requirements, relevant case law and court rules, pleas, youth and minor services, and community mental health and social services.
  • Skill in using standard office equipment, programs, and software.
  • Strong organization, time-management, written communication, and oral 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 cases before the Montana Supreme Court as needed.
  • 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 for litigation.
  • 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, provide information, and facilitate resolutions.
  • Provide consultations, recommendations, legal advice, settlement negotiations, and assistance with legal decisions.
  • Collaborate with other attorneys during trials and hearings.
  • Handle cases involving substantial legal precedent and analyze, interpret, and advise on new laws without established case precedent.
  • Serve as a legal advisor across multiple fields and may develop expertise in specific fields, providing training and guidance as needed.
  • Attend continuing education trainings as required or necessary.
  • Provide office support as requested or needed.

Benefits

  • Sign-on incentive of up to $7,500, under the Office of Public Defender's Recruitment Incentive Program.
  • Health coverage.
  • Retirement plans.
  • Paid vacation, sick leave, and holidays.
  • Work/life balance.
  • Flexible schedules.
  • Opportunities and room for professional growth.
  • Telework when applicable.
  • Employment with the State of Montana may qualify for Public Service Loan Forgiveness.
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