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Form of workClosing Date: 27th May, 2024
Description:
Division Overview:The State's Attorney's Office in A Government Entity is dedicated to ensuring justice and upholding the rule of law on behalf of the people of Montana. The office includes the Solicitor General's Office, Criminal Prosecution and Appellate Services, Civil Services and Consumer Protection. The functions within the office include defense of Montana's laws as passed by the Legislature, constitutional challenges, determining legal sufficiency of ballot initiatives, prosecution of criminals, handling all phases of litigation from district court proceedings through appeal, and complex litigation of antitrust matters, including, but not limited to, various economic markets (pharmaceutical, healthcare, agricultural and information technology industries).
Job Overview:
The Appellate Services Bureau represents the State of Montana in criminal cases that are appealed to the Montana Supreme Court. Appellate Services also handles appeals in dependency and neglect cases resulting in termination of parental rights and appeals in involuntary commitment proceedings. Assistant Attorneys General in Appellate Services are required to handle issues of statutory interpretation and constitutional analysis that have statewide significance. This requires the ability to meticulously review lower court records and transcripts, conduct legal research, and write persuasive briefs advocating for the State's position. Appellate Services' Attorneys are also responsible for conducting oral arguments in the Montana Supreme Court when the Court concludes.
In addition, Appellate Services handles complex federal habeas corpus cases in the federal district court and the Ninth Circuit Court of Appeals. Federal habeas cases sometimes require discovery, such as depositions and may require an attorney to participate in an evidentiary hearing. This may require in-state travel. Handling federal habeas cases requires knowledge of procedural defenses that are unique to federal habeas litigation, and the ability to work effectively with voluminous case files that sometimes span decades. If the Ninth Circuit orders a federal habeas case to be orally argued, the assigned attorney will travel out of state to conduct the oral argument.
Occasionally, an attorney with Appellate Services may be involved in a death penalty case or a case being appealed to the United States Supreme Court.
Appellate Services' attorneys also handle state habeas corpus litigation and extraordinary writs in the Montana Supreme Court.
Attorneys within Appellate Services must have the skills to manage competing deadlines and work independently on their cases. Appellate attorneys have substantial discretion about strategy while still collaborating with colleagues and with prosecutors around the State to determine the best strategy to advance the goals of the criminal justice system.
This position may be eligible for a 4% increase as of July 1, 2024.
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.
- If licensed in another state, must be able to become licensed to practice law in Montana within a reasonable time. Individuals with 5 years of practice in another state in good standing are eligible to be admitted on motion. Bar Admission Rules (https://www.montanabar.org/Membership-Regulatory/Admissions/Admissions-Home#:~:text=ALL%20applicants%20are%20required%20to,National%20Conference%20of%20Bar%20Examiners.)
- Other combinations of education and experience will be considered on a case-by-case basis.
