Center of Defense Excellence Public Defender

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

 OPD is accepting applications for this role on an ongoing basis, with first application review on 12/13. 

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 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 loan forgiveness- click HERE 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.
• Supplemental questions (if applicable)

About this Opportunity!

Job Overview:  

The CODE Attorney is responsible for providing mentorship, guidance and training for attorneys through direct client representation as well as consulting with attorneys throughout the Agency on various cases.  This attorney would also be responsible for assistance with briefing, assistance with the training needs of the agency, and to maintain agency standards. 

Essential Functions (Major Duties or Responsibilities):

Briefing                                                                                                                                   (50%)

• Consult with attorneys regarding legal issues that require briefing, assist attorneys with motions practice and attend motions hearings where necessary
• Develop effective and relevant templates for routine motions to be used by attorneys writing motions
• Continually remain up to date with case law changes and trends on topics relevant to client representation

Training                                                                                                                                  (20%)

• Helps identify training needs for Agency employees
• Produces and maintains written and audio/visual educational materials for agency staff and contractors. 
• Assists with trainings and conferences

Advanced Litigation Support                                                                                                 (10%)

•         Provides guidance, mentorship and instruction regarding legal representation and processes to other attorneys
•         Provides direct representation to clients as co-counsel in complex, serious crimes, or cases identified as mentorship opportunities
•   Help formulate and establish legal strategy for emerging agency needs. 

Standards                                                                                                                               (10%)

• Assists in the development of standards, procedures, and policies that will ensure that public defender services are provided consistently throughout the state.

Other duties as assigned                                                                                                        (10%)

•        Special projects or other duties as assigned by the CODE Bureau Chief

Physical and Environmental Demands:

Work of this position normally occurs in a typical office setting.  Work also requires up to 40% travel and routinely requires extended work hours.

Knowledge, Skills and Abilities:

•        Knowledge of the concepts and theories of criminal and civil law; substantive criminal law and criminal procedure and its application in the State of Montana; working knowledge of dependency and neglect, involuntary commitments, juvenile delinquency and guardianships; pertinent court rules of practice and procedure; Montana Rules of Professional Responsibility; and ethical duties to the clients and courts;
•         General knowledge regarding the statutes, standards, and policies regarding the creation and operation of OPD and the function and duties of OPD;
•         Continuing obligation to stay abreast of changes and developments in the law with legal research and the ability to effectively research and analyze documents;
•         Extensive knowledge of Montana Code Annotated, Titles 40, (Uniform Parentage Act), 41 (Montana Youth Court Act) (Child Abuse and Neglect), 45 (Crimes), 46 (Criminal Procedure), 53 (Mental Disorder), 72 (Persons Under Disability); Rules of Evidence; and Rules of Appellate Procedure;
•         Knowledge of classification of mental disorders and the ability to read and understand medical terminology related to mental disorders, developmental disabilities, chemical dependency, and how a particular mental disorder, developmental disability, or chemical dependency may affect Public Defender client communications;
•        Efficient and effective legal research skills
•         Extensive experience writing and defending motions with a clear and concise writing style
•         Acquaintance with principles and methods for curriculum and training design, instruction for individuals and groups, delivery of educational materials and measurement of training effects;
•         Knowledge of cultural differences that may affect the attorney-client relationship and communications;
•         Knowledge of relevant services, resources and placements available to defendants, delinquent juveniles, youths, and parents in communities in Montana and outside the State of Montana;
•         Knowledge of the principles and practices of evidence collection and the various types of pleas that may be agreed to;
•         Skills in use of office equipment, research tools, oral presentations, organization and time management;
•         Ability to establish and maintain effective relationships with others and to communicate effectively both verbally and in writing;
•         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 multiple issues and tasks; and
•         Ability to support Public Defender Attorneys through peer review and mentoring.