State of Montana

Public Defender - (24142989) 

To be considered for OPD positions, applicants must complete and submit their application online, as well as upload any required application materials.

Our Mission

To Provide the Most Compassionate and Expert Defense of Clients and the Constitution 

Our Vision

Creating Expert Teams of Advocates for Justice, Bringing Respect and Dignity to our Clients to Achieve Holistic and Equitable Outcomes

Reasons to work for the Office of the Public Defender: Our work changes lives! The work OPD does, makes a difference for the people in our communities. Public Defenders work for their clients, protect constitutional rights and ensure the system remains fair. We are proud of the work we do, to find out more about OPD visit our website HERE.

Benefits of working for OPD: The ability to work and play in the beautiful state of Montana is one of the benefits you will love about this opportunity! Montana, offers theaters, museums, fairs, rodeos, a high-quality educational system, and many recreational opportunities. Montana's mountains, rivers and lakes provide year-round opportunities for outdoor enthusiasts. Fishing, hiking, camping, boating, biking, hunting, skiing, and snowmobiling can be accessed throughout our great state.

Other fantastic benefits include:

• Health Coverage
• Retirement plans
• Paid vacation, sick leave and Holidays
• Work/life balance
• Flexible schedules
• Opportunities and room for professional growth
• Telework (when applicable)
• Public Service Loan Forgiveness- Employment with the State of Montana may qualify you to receive loan forgiveness- click HERE to learn more!

Materials Required of Applicants: 

• Cover Letter
• Resume
• References: Please provide contact information for (2) current or former supervisors and (1) professional peer.
• Supplemental questions (if applicable)

About this Opportunity!

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 and render 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 http://leg.mt.gov/bills/mca/title_0470/chapters_index.html. 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.

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.

Applicant Pool Statement: If another department vacancy occurs in this job title within six months, the same applicant pool may be used for the selection. Training Assignment: This agency may use a training assignment. Employees in training assignments may be paid below the base pay established by the agency pay rules. Conditions of the training assignment will be stated in writing at the time of hire. 

Salary: $

84,364.37 - 98,276.72 Yearly 

Telework Eligibility: Telework Eligible (Full-time telework is not available. Telework schedule must be supervisor approved.) Benefits Package Eligibility: Health Insurance, Paid Leave & Holidays, Retirement Plan 

Number of Openings

: 1 Employee Status: Regular Schedule: Full-Time 

Job Type

: Standard 

Shift

: Day Job 

Travel

: Yes, 50 % of the Time 

Primary Location

: Billings 

Agency: Office of Public Defender Union: American Federation of State, County & Municipal Employees (AFSCME) 

Posting Date

: Nov 5, 2024, 8:04:30 PM 

Closing Date (based on your computer's timezone)

: Ongoing 

Required Application Materials: Cover Letter, Resume, References 

Contact Name: Lexi Newcomer | Contact Email: AlexisNewcomer@mt.gov | Contact Phone: 406-444-5374 The State of Montana has a decentralized human resources (HR) system. Each agency is responsible for its own recruitment and selection. Anyone who needs a reasonable accommodation in the application or hiring process should contact the agency's HR staff identified on the job listing or by dialing the Montana Relay at 711. Montana Job Service Offices also offer services including assistance with submitting an online application.

State government does not discriminate based on race, color, national origin, religion, sex, sexual orientation, gender identity or expression, pregnancy, childbirth or medical conditions related to pregnancy or childbirth, age, physical or mental disability, genetic information, marital status, creed, political beliefs or affiliation, veteran status, military service, retaliation, or any other factor not related to merit and qualifications of an employee or applicant.

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