Appellate Defender at State of Montana

Helena, Montana, United States -

Full Time

Start Date

Immediate

Expiry Date

03 Mar, 26

Salary

0.0

Posted On

03 Dec, 25

Experience

2 year(s) or above

Remote Job

Yes

Telecommute

Yes

Sponsor Visa

Skills

Client Representation, Legal Research, Appellate Brief Writing, Oral Argument, Collaboration, Problem-Solving, Communication, Cultural Sensitivity, Independence, Professional Judgment, Time Management, Compassion, Empathy, Legal Advice, Teamwork, Client-Centered Representation

Industry

Law Enforcement

Description

To be considered for OPD positions, applicants must complete and submit their application online, as well as upload any required application materials. This position may be based out of Helena or Missoula. 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: Appellate Defenders provide efficient and effective representation to clients entitled to representation by the Appellate Defender Division (Division) of the Office of State Public Defender (Agency) as they pursue appellate review of lower court cases in the Montana Supreme Court. Appellate Defenders are expected to exercise professional judgment and render timely, efficient, and effective legal services for all cases handled by the Division, which involve a variety of fields of law, and which 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, Appellate Defenders may provide legal advice and training to other public defenders and to contract attorneys for the Agency. Appellate Defenders must have passion for public defense, and a commitment and willingness to work collaboratively with underprivileged populations and must continually advocate and strive to improve the level of service to our clients provided by themselves, their team, the Division, and the Agency. This position reports to a Managing Appellate Defender. Essential Functions (Major Duties or Responsibilities): The job duties and responsibilities for this position include but are not limited to the following: Client Representation (~95%25) · Provides timely, effective, and efficient representation to clients entitled by law to court-appointed counsel in direct appeals of criminal, juvenile, involuntary mental health commitments, child abuse and neglect, guardianships, and private adoption matters and related proceedings for extraordinary writs before the Montana Supreme Court, including in high-profile cases and cases involving significant legal consequences such as the death penalty or life in prison, in accordance with constitutional and statutory standards and Agency and Division policies, procedures, and standards of practice, including requirements regarding time keeping, client communications, and case assignment protocols. · Engages in client-centered representation by keeping clients informed regarding the status of their cases, consulting with clients regarding their objectives and desired issues to be raised on appeal, making recommendations and giving appropriate legal advice, and/or facilitating legal decisions for the client. · Reviews, assesses, and analyzes lengthy appellate records. · Researches and assesses potential legal issues based on the record on appeal, the current state of the law, and potential arguments regarding what the law should be, including both issues with substantial legal precedent and novel issues with little or no precedent. · Exercises independent legal judgment to interpret and apply state and federal Constitutional, statutory, and administrative laws and applicable caselaw, including caselaw from other jurisdictions, to the facts of a client’s case. · Consults and collaborates with other attorneys, including trial defense counsel, Managing Appellate Defenders, other Appellate Defenders, the Division Administrator, and postconviction counsel, where appropriate. · Prepares complex appellate briefs, motions, petitions, and related legal documents. · Conducts oral arguments when ordered by the Montana Supreme Court. B. Other duties as assigned (~5%25) · Attends and may provide continuing education trainings as necessary. · Provides office support as requested or needed, e.g., electronically filing pleadings, electronic file maintenance, emptying trash and recycling, and related tasks. Physical and Environmental Demands: This position works in a variety of settings such as an office or court-setting and visits 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. Minimal travel (~5%25) to attend Court, trainings and provide services to clients may be required. Knowledge, Skills and Abilities: This position requires: · General knowledge of the roles and duties of court appointed counsel. · General knowledge regarding the statutes, standards, policies, and procedures regarding the creation and operation of OPD and the function and duties of OPD. · Extensive knowledge of legal and court policies, procedures, practices, and their application with particular emphasis on indigent defense. · Extensive knowledge of state and federal constitutional laws, rules and regulations and their judicial interpretation and precedents. · Familiarity with methods and tactics employed in the defense of legal actions in courts. · Extensive knowledge of Montana criminal law and procedure. · A continuing obligation to stay abreast of changes and developments in the law. · Knowledge of Titles 40, (Uniform Parentage Act), 41 (Montana Youth Court Act and Child Abuse and Neglect), 45 (Crimes), 46 (Criminal Procedure), 53 (Mental Disorder), Montana Code Annotated; Montana Rules of Evidence; and Montana 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 client communications and should recognize that communications may require special efforts on the part of counsel. · Ability to review, absorb, and synthesize lengthy appellate records in an efficient manner. · Ability to assemble and organize facts logically, clearly, and concisely and in an efficient manner. · Ability to communicate effectively and persuasively verbally and in writing. · Ability to effectively and efficiently conduct legal research regarding potential appellate issues based on the record on appeal, the current state of the law, and potential arguments regarding what the law should be, including both issues with substantial legal precedent and novel issues with little or no precedent, and to discern when to stop researching an issue. · Ability to work independently on complex matters with multiple legal and factual issues. · Ability to discern when to consult and collaborate with Managing Appellate Defenders and Appellate Defenders, the Division Administrator, and postconviction counsel. · Ability to problem-solve, to exercise independent professional judgment, and to make difficult strategic legal decisions in a timely and efficient manner. · Ability to draft complex legal documents, including appellate opening briefs, reply to briefs, motions, stipulations, affidavits/declarations, proposed orders, petitions, and opinion letters. · Ability to maintain professionalism when critiqued. · 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 and relationship and communications with team members. · Ability to establish and maintain effective working relationships with indigent clients, attorneys, elected officials, justices, court personnel, Agency personnel, and the public. · Ability to have difficult conversations with patience, compassion, and empathy. · Ability to self-motivate, set internal and personal deadlines and goals, and work efficiently without prompting. · Skilled in applying client-centered representation principles. · Skilled in the use of standard office equipment, programs and software. · Ability to learn, understand, and consistently utilize OPD case management systems. 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

Responsibilities

Appellate Defenders provide representation to clients in appellate cases before the Montana Supreme Court, ensuring effective legal services across various fields of law. They engage in client-centered representation, legal research, and collaboration with other attorneys to advocate for their clients' rights.