Assistant Attorney General

Division Overview:

The State's Attorney's Office in the Montana Department of Justice is dedicated to ensuring justice and upholding the rule of law on behalf of the people of Montana. 

The State's Attorney's Office consists of Assistant Attorneys General and legal support staff that represent the State of Montana. The office includes the Solicitor General's Office, Criminal Prosecution and Appellate Services, Civil Services and Consumer Protection. Additionally, the office provides legal expertise and litigation support to other state agencies. The functions within the office include defense of Montana's laws as passed by the Legislature, and ballot initiatives passed by the voters; prosecution of criminals; litigation, from district court proceedings through appeal; and complex litigation of antitrust matters. Legal counsel and advice to state agencies is provided on a fee-for-service basis. Services typically include litigation, hearings officer services, and transactional work, and may relate to any legal matter regulated by the State of Montana.

Job Overview:

This is an Assistant Attorney General position with Prosecution Services focused on prosecuting Elder and Vulnerable Adult Justice focused cases. This role has a heavy emphasis on cases involving the victimization of elderly and other vulnerable adults, both individually and as part of the prosecution team. The Prosecution Services Bureau provides a broad range of professional legal services, including training and trial assistance, research and consultation to local, state and federal law enforcement agencies as authorized by the Attorney General and mandated by law. Prosecution Services Bureau also includes a Special Assistance Unit, the function of which is to provide assistance to County Attorneys' offices across the state in handling major violent and sexual abuse cases. The incumbent in this role may be asked to assist County Attorneys' offices regarding elderly and vulnerable adult victims and prosecution of their offenders.

Assigned Duties: Conducts legal research on a broad spectrum of legal and factual issues in felony criminal cases before state trial and appellate courts, with heavy emphasis on matters involving offenses against elderly and other vulnerable adults.  Special emphasis on issues of criminal law and procedure, and elder and vulnerable adult justice. Locates statutes and case law and analyzes the same for applicability to legal issues presented. Evaluates investigative case files generated by local law enforcement and the Montana Division of Criminal Investigation and determines if felony prosecution is warranted. This task involves review of complex forensic data in order to determine if prosecution can be sustained on the evidence. Interviews witnesses before trial; collects or supervises the collection of information necessary for the conduct of litigation. Engages the services of expert witnesses as needed with respect to forensic evidence, financial evidence, or medical evidence with emphasis on psychiatric and medical experts utilized in the prosecution of complex elder justice prosecutions. Engages in formal pretrial discovery, exercising discretion in determining when search warrants or investigative subpoenas are needed, and drafts and executes investigative subpoenas and search warrants. Analyzes legal and factual research to develop alternatives for case presentation and coordinates the conduct of cases to maintain consistency and organization of legal and factual case elements. Synthesizes legal materials and composes written briefs, pleadings and other documents. Exercises virtually complete discretion in determining the propriety of plea agreements and in negotiating such agreements to resolve complex felony cases prior to trial. Exercises virtually complete discretion in the prosecution of complex felony matters nearly all of which are tried before district court juries. Presents evidence, examines witnesses, argues objections and motions, and presents arguments to the Court and to juries. Prepares and submits jury instructions. In certain circumstances, decides whether to appeal adverse lower court decisions, if allowed by Montana Law, or to initiate other legal proceedings based on analysis of applicable legal provisions and precedent, perceived chance of success, cost to the state, and alternatives to litigation. Analyzes resulting decisions for legal effect and impact on the interests of the State. Assists the appellate bureau as needed with the preparation of appellate arguments and issues in the Montana Supreme Court from cases tried by the lawyer in the lower court. Researches and prepares written briefs and presents oral arguments to Montana Supreme Court as assigned. Serves as lead attorney on prosecution of elderly or vulnerable adult justice cases that are tried and supervises the investigative efforts of local law enforcement officers and Montana Division of Criminal Investigation in the preparation of cases for trial.

Other Legal Duties: Conducts training programs and provides advice and assistance for local prosecutors on all types of criminal law and procedure issues, with an emphasis on elder and vulnerable adult justice. Establishes and maintains working relationships with representatives of federal, state and local law enforcement agencies, state crime lab, local prosecutors, the courts and defense attorneys.

This position may be subject to special assignment.

Minimum Qualifications:

• Juris Doctor Degree.
• At least two years of specialized law and litigation experience.
• Admission to and maintenance of licensure from the State Bar of Montana, in good standing.
• If licensed in another state, must be able to become licensed to practice law in Montana within one year of hire. Individuals with 5 years of practice in another state in good standing are eligible to be admitted on motion. Bar Admission Rules
• Other combinations of education and experience will be considered on a case-by-case basis.

Preferred Qualifications:

· Two years' experience in the prosecution of homicide and other violent crime cases, and/or prosecution of elder or vulnerable adult justice cases.

Special Instructions:

Please submit a writing sample (preferably a brief filed in state or federal trial or appellate court), a cover letter highlighting your interest in elderly and vulnerable adult justice prosecution, and your resume for application to be considered. 

Additional materials, references or information submitted by the applicant, but not requested, will not be considered.

Successful applicant(s) will be subject to:

• Criminal History Fingerprint / Name-based Check

• Driving History

HOW TO APPLY:

To be considered for this position, you must attach a resume at the time of application.

Tip: When attaching your resume, you must mark the attachment as a "Relevant File".

Your Resume: Please include all work experience as well as job duties that demonstrate your qualifications for this position.  Include dates of employment (month & year- start & end) and the reason you left each job.

A complete online state application is not required.  To initiate an application, attach the resume to be considered for this position.  Failure to attach résumé will result in an incomplete application that will not be considered further.

Only electronic applications will be accepted.  Materials submitted but not requested will not be considered in the selection process.

All documents for Veteran or Disability preference must be received or date stamped by the closing date.  Please submit preference documentation to Terri Christianson at via File Transfer Service.

To request an accommodation with the application process, please contact the HR office.

Your service is rewarded with competitive compensation and generous State of Montana Benefits

• Medical, dental and vision coverage

• Retirement plans

• Generous paid vacation, sick and holidays

• Pre-tax Flexibility Spending Accounts

• Employee Assistance Program

Minorities are under-represented in this position and are encouraged to apply.

State of Montana employment may qualify for student loan forgiveness under the Public Service Loan Forgiveness (PSLF) program.

This Organization Participates in E-Verify.