Managing Public Defender-Conflict

Managing Public Defender-Conflict

This position oversees and manages all public defender services within assigned regions of the Conflict Defender Office. The Managing Attorney performs a variety of difficult and complex criminal defense, administrative, liaison, and supervisory duties. Duties include determining whether or not a conflict exists within a referred case and assigning the cases appropriately, establishing to ensure prompt counsel, ensuring that public defender assignments within the Conflict Public Defender Office comply with the provisions of MCA 47-1-202.

This position implements the standards and procedures established by the Conflict Defender Division Administrator and the Office of the State Public Defender within the Conflict Defender Offices. Additionally, this position maintains a client caseload as determined by the Conflict Defender Division Administrator. Responsibilities include handling all phases of multi-forum litigation for indigent clients in a variety of typical to more complex and high-profile cases.

Position is also responsible for providing mentoring to the developing Public Defenders in their representation of indigent clients as described in the Montana Public Defender Act. Duties include researching and preparing a legal defense based on the facts, investigations, and legal research and keeping clients informed and prepared for all stages of representation including various hearings, proceedings and/or trials depending on the type of case to ensure clients are actively and efficiently represented.

The Managing Attorney reports to the Regional Conflict Public Defender, hires and manages public defenders and support staff, oversees contract services and performs all other duties as assigned.

Essential Functions (Major Duties or Responsibilities):
The job duties and responsibilities for this position include but are not limited to the following:

• Client Representation (50%)
• Provides client consultation & case assessment.
• Represents clients in court, trials, & at all official proceedings; ensures clients are actively and efficiently represented at each of the various requisite official proceedings of their case.
• Reviews and prepares legal documents, opinions, forms, contracts, permits, and other legal agreements.
• Prepares appropriate findings of fact, conclusions of law, orders for judgment(s) after administrative and court proceedings.
• Interprets and applies state and federal laws and administrative rules.
• Interviews parties, witnesses, and experts involved during the legal proceedings.
• Receives, researches, and responds to questions or complaints; provides information, explains policy and procedure, and/or facilitates a resolution.
• Provides consultation, makes recommendations, gives appropriate legal advice, settlement negotiations, and/or facilitates legal decisions
• Ensures collaboration and/or provides assistance or collaborates with Public Defenders or other attorneys during trials and hearings.
• Provides direction and guidance and responsible for 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.
• Administrative Management (25%)
• Ensures resource usage in the assigned office and the Conflict Division is fiscally sound using both employee and contract services.
• Ensure processes are in place to accurately and timely collect and report data and information critical to the operation of the office, division and the agency.
• Ensure that quality administrative management procedures are in place.
• Review all potential conflicts of interest referred to the office and make the final determination regarding whether a conflict exists.
• Oversees contract services.
• Ensure compliance with the agency's Practice Standards to promote excellence and professionalism in representation to those entitled to counsel at public expense.
• Ensure office personnel, contractors and clients are aware of avenues available for bringing forward complaints about public defender performance.
• Ensure proper caseload management in accordance with agency policy and procedures.
• Provide assistance in resolving conflicts of interest in an appropriate and ethical manner.
• Manage highly sensitive public, political and division-specific issues.
• Supervision (20%)
• Supervises public defenders and support staff within the office.
• Ensures that there is an active and robust performance evaluation process for all office employees and contractors.
• Ensures that employees and contractors are receiving training and mentoring to be successful in performing work assignments.
• Oversees progressive discipline in a union environment.
• Ensure that assignments of counsel for capital cases are consistent with standards issued by the Montana Supreme Court.
• Provides training and guidance to public defenders.
• Public Relations and Other Duties as Assigned (5%)
• Develop relationships with prosecutors, judges, law enforcement, corrections, elected…