Regional Deputy Public Defender

Job Overview:

The Regional Deputy Defender is instrumental in ensuring that effective and efficient legal services are rendered for clients represented by the Office of the Public Defender by providing operational oversight, leadership and personnel management within an assigned Region of the agency. There are three regions throughout the State of Montana, numbering 1 through 3, from West to East.This position’s responsibilities involve providing administrative management and guidance on all public defender services provided within the assigned region, supervision of Managing Attorneys, conducting planning and establishing protocols , policy and procedures to ensure efficient operations. The Regional Deputy Defender a ssists with carrying out the operating plan and ensures proper management of OPD offices to effectively and efficiently provide legal services to those that qualify for these services under Montana law.The Regional Deputy Public Defender also provides leadership and policy support to the Division 1 Administrator.This position may be required to carry a caseload that will require representing indigent clients in a variety of cases depending on requirements of legislative funding. Public Defenders must have a passion, commitment, and willingness to work collaboratively with underprivileged populations to, not only, ensure that needed services are provided, they continually advocate and strive to improve the level of services OPD provides to its clients.

Essential Functions (Major Duties or Responsibilities):

The job duties and responsibilities for this position include but are not limited to the following:

Supervision 55%

Oversee regional office operations including establishing the regional office structure, communicating and enforcing agency values, and contributing to strategic business decisions to achieve our overall agency goals Supervise legal work, professional development and performance of Managing Attorneys in assigned Region Responsible for hiring, yearly evaluation, motivating, corrective action and termination of Public Defenders, Managing Attorneys, Office Managers and other staff within the assigned Region Responsible for directing, coordinating and supervising the work and activities of Managing Attorneys, Office Managers and Public Defenders Provide leadership, advice and training and evaluates work and performance of Managing Attorneys and Office Managers Determine appropriate caseload limits for Managing Attorneys and staffing levels for offices Must have physical presence in regional offices throughout the year with direct in-person observation of each office in the Region Participate in consistent and regular cultivation and/or reporting activities (Teams meetings or phone updates) with offices in the Region Promote a professional work environment throughout the Region May act as legal counsel in limited circumstances May be required to fill in for Managing Attorneys who are out on leave or otherwise unable to perform their duties Establish and implement the standards and procedures for the Region, such as required time keeping, case closing and data entry requirements Ensure that public defender procedures, protocols and assignments within the Region are following policy or statutes and that public defender services are rendered in a timely and consistent manner Ensure that meaningful and accurate data is being collected by the Agency Ensure that all offices have robust conflict identification procedures consistent with Agency policy that ensure conflicts are identified in a timely manner; review and refer all appropriate identified conflicts to the Conflict Division Responsible for reviewing budget, state office leases and other regional expenditures; makes client centered and budget conscious decisions regarding expenditures

Operational and Administrative Management 10%

In coordination with the contracting managers, may review contractor preapprovals and bills, and approve or deny as appropriate Participate in the development of operational plans, goals and directives to meet Region and Agency needs and develop recommendations for enhancing the operations and services of the Office of the Public Defender Provides leadership and policy support to the Public Defender Division Administrator Develop and foster relationships with stake holders and service providers within the assigned Region to ensure that services are available to attorneys within the region; foster relationships with new service providers that are willing to provide services for the agency

Client Representation 25%

Assist others in representing clients in court, during hearings or before other legal proceedings and government entities; includes cases at the Montana Supreme Court as necessary Assist others in providing legal defense in cases that may be high-profile, involve significant liability exposure or death penalty, and/or life in prison Reviews and prepares legal documents including but not limited to opinions, forms, contracts and/or other legal agreements Prepares appropriate findings of fact, conclusions of law, orders after appropriate legal proceedings Prepares evidence, exhibits, and legal documents necessary to litigate cases Review eligibility determinations and use appropriate discretion regarding filing motions to rescind OPDs appointment 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 Provides consultation, make recommendations, give appropriate legal advice, settlement negotiations, and/or facilitates legal decisions Aids 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 across multiple fields of law; may develop expertise in specific fields of law and provide training and guidance as necessary

Other Duties 10%

Perform other duties as assigned by the Public Defender Division Administrator

Physical and Environmental Demands: This position works in a variety of settings such as an office or court, setting and has regular visits to jails, detention centers or mental health facilities. Fluctuation of workload may require more than a 40-hour work week and requires occasional exposure to stressful situations. Attendance of continuing legal education seminars to meet Bar requirements is necessary. Travel to local offices, court, training and agency policy meetings are common and could be up to 40% of the time.

Knowledge, Skills and Abilities:

This position requires:

Knowledge of the State of Montana policies and procedures Knowledge of the State Office of Public Defenders policies and procedures Knowledge of all employee roles within the region Extensive knowledge of the Public Defender arena, roles and duties of court appointed counsel, Montana Rules of Professional Conduct, and general knowledge of business applications including human resource management, financial management, and budget processes Legal and court policies, procedures, practices and their application with particular emphasis on indigent defense State and federal laws, rules and regulations and their judicial interpretation and precedents Methods and tactics employed in the defense of legal actions in courts Extensive knowledge of substantive criminal law and the law of criminal procedure and its application in the State of Montana Counsel has a continuing obligation to stay abreast of changes and developments in the law; including learning and consistently utilizing the agency endorsed legal research program Knowledge of 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),61 (Motor Vehicles), 87 (Fish and Wildlife), Montana Code Annotated; Rules of Evidence, Rules of Appellate Procedures, and other applicable title provisions Specific knowledge of the Regional Deputy Public Defender role in MCA 47-1-215 and the Public Defender Division Administrator role as outlined in MCA 47-1-202 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 Statutory requirements governing guardianship and conservatorship in the jurisdiction as well as case law and court rules Various types of pleas that may be agreed to, including a plea of guilty, a plea of , and a plea in which the defendant is not required to personally acknowledge his or her guilt Services available to youth, minors; mental health and social services that may be available in the community Principles and practices of evidence collection General legal principles and their applications, the powers, functions and duties of the Public Defender office Knowledge of paperless files and electronic filing with the Courts

Skill and Ability to:

Ability to work effectively with marginalized populations, who are disproportionately impacted by the criminal justice system in Montana Ability to understand and be sensitive to cultural differences that may affect the attorney/client relationship and communications Provide strong leadership and direction Deal effectively with highly sensitive public, political and agency specific issues Able to develop and implement statewide policies and program goals based on short and long-term strategic planning goals, management concepts and practices Assess hypothetical situations and impacts Consolidate a unified strategy in response to numerous issues and concerns Make proper decisions in stressful situations Recognize, analyze and solve complex problems Analyze highly complex legal documents for clarity and legal sufficiency Assemble, appraise and organize facts and to logically, clearly and concisely present evidence and other matters in accepted oral and written legal forms Direct a complex organization through effective planning, delegation and leadership Motivate, lead and supervise Managing Attorneys, Office Managers, Public Defenders, Investigators and Case Managers. Recognize, analyze and solve complex management problems Prepare and supervise the preparation of accurate and reliable legal documents and perform a wide variety of legal tasks under the pressure of time-sensitive deadlines Carry out legal research; analyze legal documents and instruments for clarity and legal sufficiency; assemble, appraise and organize facts and logically, clearly, and concisely present noncomplex evidentiary matters and other materials in accepted oral and written legal forms Frame issues based on the policy implications associated with the Public Defender System Establish and maintain effective working relationships with indigent clients, attorneys, elected officials, witnesses, Judges, court personnel, law enforcement personnel, agency personnel and the public Prepare briefs, opinions and pleadings, and in carrying out legal research of a difficult nature Problem solving and decision making Must be self-motivated and customer oriented Skilled in use of standard office equipment, programs and software Ability to learn, understand and consistently utilize the agency case management system Able to gain respect and manage and utilize the skills of staff Able to exhibit personal accountability and ownership of decisions Accept direction and guidance from the Division Administrator Energize and lead others and show a commitment to the Agency’s mission

Minimum Qualifications (Education and Experience):

This position requires:

Juris Doctorate Degree from an accredited law school Membership in the State Bar of Montana Demonstrates responsible leadership skills to direct a complex organization through effective planning and delegation to manage, supervise and utilize the skills of staff to meet the needs of the Public Defender System Experience in providing leadership or supervision to Attorneys Other combinations of education and experience may be considered on a case-by-case basis

Preferred:

Experience in indigent defense preferred

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