Public Defender-Family Defense Specialist

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

This position is open until filled with frequent screening of applications.

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! OPD?s work 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.

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 public service loan forgiveness ? visit the Federal Student Aid website 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.

About this Opportunity!

Job Overview:Public Defenders ? Family Defense Specialist serve as a defense attorney for indigent clients in dependency and neglect civil cases who are entitled by law to assistance of counsel pursuant to Montana Code Annotated Title 41 and Title 47. This public defender attorney position is expected to exercise professional judgment and render competent legal services representing parents and children in dependent/neglect matters. Public Defenders must have a passion, commitment, and willingness to work collaboratively with underprivileged populations.

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.
• 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 in dependence and neglect matters; 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 may involve 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 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.
• General knowledge of criminal law and the law of criminal procedure and its application in the State of Montana as it applies to clients in the dependency and neglect system.
• 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 Title 3 (Judiciary, Courts), (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), Title 25 (Civil Procedure), Title 26 (Evidence), Montana Code Annotated, 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 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; 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, technology, electronic filing, 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 be professional and 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 family defense preferred.