Public Defender

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 screenings.

To Provide the Most Compassionate and Expert Defense of Clients and the Constitution

Creating Expert Teams of Advocates for Justice, Bringing Respect and Dignity to our Clients to Achieve Holistic and Equitable Outcomes

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.

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.

• Cover Letter
• Resume
• References: Please provide contact information for two current or former supervisors and one professional peer.

Job Overview:

Public Defenders serve as a defense attorney for indigent clients and other persons in criminal and civil cases who are entitled by law to assistance of counsel. Public defenders are expected to exercise professional judgment and render competent legal services for all cases handled by the Office of the Public Defender including: felony and misdemeanor criminal charges; youth court proceedings; involuntary mental health or developmental disability commitments;

representing parents and children in dependent/neglect matters; and guardianship or conservatorship proceedings, as described in the Montana Public Defender Act Title 47. Montana law authorizes these services. Public Defenders must have a passion, commitment, and willingness to work collaboratively with underprivileged populations to ensure that needed services are provided and to continually advocate for improvements in OPD services.

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.
• 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 facilitates a resolution.
• Provides consultation, makes recommendations, gives appropriate legal advice, conducts settlement negotiations, and 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. 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, 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…