Public Defender-Conflict

State of Montana•Helena, MT

About The Position

The Public Defender-Conflict is an attorney in the Conflict Defender Division, which is separate from and independent of the regional and local offices. Conflict Public Defenders represent clients in cases referred to the division after a conflict has been identified. Public Defenders provide defense representation to indigent clients and other people legally entitled to counsel in criminal and civil matters. The work may include 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 attorney exercises professional judgment and provides competent legal services while working collaboratively with underprivileged populations and advocating for needed services and improved client outcomes. Cases may be high-profile or involve significant liability exposure, life imprisonment, or the death penalty. The position works in offices, courts, jails, detention centers, and mental health facilities. Workload fluctuations may require more than 40 hours per week; travel for court, training, and client services is common and may reach 40% depending on location.

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 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 and to learn and use the agency-endorsed legal research program.
Knowledge of the specified Montana Code Annotated titles, Rules of Evidence, Rules of Appellate Procedure, and other applicable provisions.
Ability to understand mental disorder classifications and medical terminology related to mental disorders, developmental disabilities, chemical dependence, and alcoholism, including how these conditions may affect client communication.
Ability to work effectively with marginalized populations and be sensitive to cultural differences affecting attorney-client relationships and communications.
Knowledge of guardianship and conservatorship statutes, case law, court rules, plea types, and services available to youth, minors, and people needing mental health or social services.
Skill in using standard office equipment, programs, and software.
Strong organizational, 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, consult peers when appropriate, and 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 or involve significant liability exposure, life imprisonment, or the death penalty.
Review and prepare legal documents, including opinions, forms, contracts, and other legal agreements.
Prepare findings of fact, conclusions of law, orders, evidence, exhibits, and other materials 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 support for legal decisions.
Assist and collaborate with other attorneys during trials and hearings.
Handle matters involving substantial legal precedent and analyze, interpret, and advise on laws without established case precedent.
Serve as a legal advisor across multiple fields and potentially develop expertise in a specific field, providing training and guidance as needed.
Attend required and necessary continuing education trainings.
Provide office support as requested or needed.