Public Defender

Job Overview:

Public Defenders 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. Public defenders are expected to exercise professional judgment andrender competent legal services for all cases handled by the Office of the Public Defender including: felony and misdemeanor criminal charges; youth court proceedings; involuntary mental health or developmental disability commitments; representing parents and children in dependent/neglect matters; and guardianship or conservatorship proceedings, as described in the Montana Public Defender Act Title 47 . 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:

A.Client Representation (95%)

• Represents clients in court, during hearings or before other legal proceedings and government entities; includes cases at the Montana Supreme Court as necessary.
• Provides legal defense in cases that may be high-profile, involve significant liability exposure or death penalty, 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.
• 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.
• Provides assistance 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.

B.Other duties as assigned (5%)

• May serve as a principal legal advisor in a specific field of law.
• Attends 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.