Public Defender Attorney

21 hours ago

Helena, Montana, United States State of Montana Full time

Job Overview:

The State of Montana is seeking a highly skilled and dedicated Public Defender Attorney to join our team. As a Public Defender Attorney, you will serve as a defense attorney for indigent clients and other persons in criminal and civil cases who are entitled by law to assistance of counsel.

Essential Functions:

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

  • Represent clients in court, during hearings or before other legal proceedings and government entities.
  • Provide legal defense in cases that may be high-profile, involve significant liability exposure or death penalty, life in prison.
  • Review and prepare legal documents, including opinions, forms, contracts, and other legal agreements.
  • Prepare appropriate findings of fact, conclusions of law, orders after appropriate legal proceedings.
  • Prepare evidence, exhibits, and legal documents necessary to litigate cases.
  • Interpret and apply state and federal laws and administrative rules.
  • Identify and interview parties, witnesses, and experts involved during the legal proceedings and prepare parties to testify.
  • Receive, research, and respond to questions or complaints; provide information, explain policy and procedure, and/or facilitate a resolution.
  • Provide consultation, make recommendations, give appropriate legal advice, settlement negotiations, and/or facilitate legal decisions.
  • Provide assistance and/or collaborate with other attorneys during trials and hearings.
  • Handle cases with substantial legal precedent as well as analyze, interpret, and advise about new laws that have no case precedent.
  • Serve 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 as assigned:

  • May serve as a principal legal advisor in a specific field of law.
  • Attend continuing education trainings as required and necessary.
  • May provide office support as requested or as needed.

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. Depending on location, travel to attend court, trainings and provide services to clients is common, which could be up to 40% of the time.

Knowledge, Skills and Abilities:

This position requires:

  • Knowledge of legal and court policies, procedures, practices and their application with particular reference to indigent defense.
  • State and federal laws, rules and regulations and their judicial interpretation and precedents.
  • Familiarity of methods and tactics employed in the defense of legal actions in courts.
  • Knowledge of criminal law and the law of criminal procedure and its application in the State of Montana.
  • Continuing obligation to stay abreast of changes and developments in the law with legal research; including learning and using 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 title provisions.
  • 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.
  • 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.
  • 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; services available to youth, minors; as well as mental health and social services that may be available in the community.
  • Skilled in use of standard office equipment, programs and software.
  • Strong organization, time management, and oral written communication skills.
  • Ability to learn, understand and consistently utilize the agency case management system.
  • Ability to establish and maintain effective relationship with others.
  • Ability to learn and understand the principles and practices of evidence collection.
  • Ability to effectively research and analyze documents.
  • Able to maintain professionalism when critiqued.
  • Ability to discern when to consult with peers to avoid unnecessary research or argument.
  • Ability to work independently on arguments with multiple issues.

Minimum Qualifications (Education and Experience):

This position requires:

  • Juris Doctorate Degree from an accredited law school.
  • Membership in the State Bar of Montana.

Preferred:

  • Previous experience in criminal defense preferred.

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