Managing Attorney- Public Defender-Billings

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:

Managing Attorneys ensure that effective and efficient legal services are rendered for clients represented by the Office of the Public Defender by providing guidance, leadership and day to day supervision to Public Defenders within an assigned office or Region.  This position's responsibilities involve establishing office protocols, ensuring that public defender assignments within the Public Defender Office comply with the provisions of MCA 47-1-202(7); Contracts for services as provided in MCA 47-1-216;  conducts record keeping  of public defender and associated services of Office expenses and Implements the standards and procedures established by management.  In addition to the supervision and management of staff and office procedures this position will also be required to carry a caseload that will require representing indigent clients in a variety of cases.    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                                                                                                     (65%)

•        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.      Administrative and Personnel Supervision                                                                                   (30%)

•          Implements office standards and procedures and ensures that work and caseloads comply with policy, procedures and/or statute, such as, time keeping, case opening and assignment requirements
•         Ensures appropriate and timeliness of pleadings, motions, appeals, case preparation, scheduling, and follow-up by Public Defenders
•         Responsible for directing, coordinating and supervising work and activities; provides leadership, advice and training and evaluates the work and performance of Public Defenders
•         Responsible for hiring, discipline and firing of Public Defenders within assigned offices
•         Serves as the Public Defender's liaison with the County Attorney's Office, District Court Judges, Justices of the Peace, and law enforcement agencies within assigned office locations to coordinate criminal and misdemeanor case activity and disposition
•         In consultation with, the Regional Public Defender, investigates complaints and grievances from disgruntled clients and recommends appropriate resolution of problems; represents Office of the Public Defender in disputes that arise with law enforcement agencies, County Attorneys, and judicial offices regarding policies and procedures
•         Participates in the development of operational plans, goals and directives to meet agency needs and develops recommendations for enhancing the operations and services of the Office of the Public Defender by Identifying costs, timing and other potential key issues; recommends appropriate course of action with the Regional Deputy Public Defender
•         Approves office expenses as delegated by the Regional Public Defender and assists with budgeting

C.      Other duties as assigned                                                                                                  (5%)

•        May serve as a principal legal advisor in a specific field of law
•         Attends continuing education trainings, workshops or conferences as necessary or required
•         May provide office support as requested or as needed
•        Provides coverage as Regional Deputy Defender 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:

• Extensive knowledge of the Public Defender arena, roles and duties of court appointed counsel, and general knowledge of business applications including human resource management, financial management, and budget processes.
• Legal and court policies, procedures, practices, and their application with particular emphasis on indigent defense.
•         State and federal laws, rules and regulations and their judicial interpretation and precedents.
•         Methods and tactics employed in the defense of legal actions in courts.
•          Extensive knowledge of substantive criminal law and the law of criminal procedure and its application in the State of Montana.
•          Counsel has a continuing obligation to stay abreast of changes and developments in the law; including learning and consistently utilizing 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.
•         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, including a plea of guilty, a plea of nolo contendere, and a plea in which the defendant is not required to personally acknowledge his or her guilt.   
•         Services available to youth, minors; mental health and social services that may be available in the community.
•         Principles and practices of evidence collection.
•         General legal principles and their applications, the powers, functions and duties of the Public Defender office.

Skill and Ability to:

•         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.
•         Provide strong leadership and direction.
• Deal effectively with highly sensitive public, political and agency specific issues.
• Assess hypothetical situations and impacts.
• Consolidate a unified strategy in response to numerous issues and concerns.
• Make proper decisions in stressful situations.
•         Recognize, analyze and solve complex problems.
•          Analyze highly complex legal documents for clarity and legal sufficiency.
•         Assemble, appraise and organize facts and to logically, clearly and concisely present evidence and other matters in accepted oral and written legal forms.
•         Direct a complex organization through effective planning, delegation and leadership.
•         Motivate, lead and supervise Public Defenders, Investigators and Case Managers.
• Recognize, analyze and solve complex management problems.
•          Prepare and supervise the preparation of accurate and reliable legal documents and perform a wide variety of legal tasks under the pressure of time-sensitive deadlines.
•         Carry out legal research; analyze legal documents and instruments for clarity and legal sufficiency; assemble, appraise and organize facts and logically, clearly, and concisely present noncomplex evidentiary matters and other materials in accepted oral and written legal forms.  
•         Frame issues based on the policy implications associated with the Public Defender System.
•        Establish and maintain effective working relationships with indigent clients, attorneys, elected officials, witnesses, Judges, court personnel, law enforcement personnel, agency personnel and the public.
• Prepare briefs, opinions and pleadings, and in carrying out legal research of a difficult nature.
•          Problem solving and decision making.
•         Must be self-motivated and customer oriented.
•         Skilled in use of standard office equipment, programs and software.
•         Ability to learn, understand and consistently utilize the agency case management system.

Minimum Qualifications (Education and Experience): 

This position requires:

•          Juris Doctorate Degree from an accredited law school,
•         Membership in the State Bar of Montana
•          Other combinations of education and experience may be considered on a case-by-case basis.

Preferred:

•         Previous experience in criminal defense preferred.
•         Demonstrates responsible leadership skills to direct a complex organization through effective planning and delegation to manage, supervise and utilize the skills of attorneys to meet the needs of the Public Defender System.