Appellate Defender
Appellate Defender
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Salary Not Disclosed
1 Vacancy
Job Description
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.
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
- Experience with appellate legal concepts
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 toworkandplayin thebeautiful state of Montana is one of the benefits you will love about this opportunity! Montana offers theaters museums fairs rodeos a highquality educational system and many recreational opportunities.Montanas mountains rivers and lakes provide yearround 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 ForgivenessEmployment with the State of Montana may qualify you to receive loan forgiveness clickHEREto learn more!
Materials Required of Applicants:
- Cover Letter
- Resume
- References:Please provide contact information for 2 current or former supervisors and 1 professional peer.
- Writing Sample
About this Opportunity!
Job Overview:
Appellate Defenders provide efficient and effective representation to indigent clients and other persons entitled by law as they pursue appellate review of lower court cases.Appellate defenders are expected to exercise professional judgment and render competent legal services for all cases handled by the Division which can range from routine to complex constitutional high profile and death penalty litigation.This position provides information and legal advice to clients regarding the appeal process advises on the options available in the state court system and determines how to present cases to the Montana Supreme Court.Additionally AppellateDefenders provide legal advice and training to other public defenders and to contract attorneys within the agency.
This position reports to the Appellate Managing Attorney.
Essential Functions (Major Duties or Responsibilities):
The job duties and responsibilities for this position include but are not limited to the following:
A.Client Representation95
- Represents clients in the Montana Supreme Court and before other legal bodies and government entities as necessary.
- Provides legal defense in cases that may be highprofile involve significant legal consequences including the death penalty or life in prison.
- Reviews and prepares complex appellate briefs legal documents and opinions.
- Prepares record evidence exhibits and legal documents necessary to litigate appellate cases.
- Interprets and applies state and federal laws and administrative rules.
- Receives researches and responds to appellate questions; provides information explains policy and procedure and/or facilitates a resolution.
- Provides consultation makes recommendations gives appropriate legal advice and/or facilitates legal decisions for the client.
- Provides assistance and/or collaborates with other attorneys during appellate process.
- 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 or specific fields of law or in a specific field of law; provides guidance and training as necessary or requested.
Other duties as assigned5
Attends continuing education trainings as necessary.
Physical and Environmental Demands:This position works in a variety of settings such as an office or courtsetting and visits jails detention centers or mental health facilities.Fluctuation of workload may require more than a 40hour work week and requires occasional exposure to stressful situations. Travel to attend court trainings and provide services to clients is possible.
Knowledge Skills and Abilities:
This position requires:
- Knowledge of legal and court policies procedures practices and their application with particular reference to indigent defense.
- Knowledge of state and federal constitutional 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 Montana criminal lawprocedure
- A continuing obligation to stay abreast of changes and developments in the law
- The ability to draft legal documents including appellate briefs reply briefs motions stipulations affidavits proposed orders and petitions for writs.
- Knowledge of Titles 40 Uniform Parentage Act)41 (Montana Youth Court Act) (Child Abuse and Neglect) 45 (Crimes) 46 (Criminal Procedure)53 (Mental Disorder)Montana Code Annotated Rules of Evidence and the Rules of Appellate Procedure
- Knowledge of the 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 Public Defender client communications and should recognize that communications may require special efforts on the part of counsel.
- Understanding of cultural differences that may affect the attorney/client relationship and communications.
- Skills in use of office equipment court procedures research oral presentations communication organization time management and written communication.
- Ability to assemble and organize facts logically clearly and concisely; present evidence and other matters in accepted oral and written legal forms.
- Ability to establish and maintain effective relationship with others: to communicate effectively verbally and in writing.
- 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.
Employment Type
Full Time
