Lawyer 2

The Mental Disabilities Board of Visitors provides independent oversight of Montana’s mental health facilities as described in 53-21-104, MCA and is administratively attached to the Governor's office.  The Board of Visitors is seeking a Lawyer 2 to join its legal team. This position manages the Legal Services Program at Montana State Hospital in Warm Springs.

·        Provides legal representation for patients at Montana State Hospital in the following legal proceedings to ensure adequate counsel and to ensure that the legal rights of patients in these proceedings are protected:  

o   90-day involuntary commitment proceedings (per 53-21-126, 127, MCA),

o   6-month and 1-year involuntary recommitment proceedings (per 53-21-128, MCA),           

o   Guardianship hearings (per 72-5, MCA),  

o   Objections to transfers from Montana State Hospital to Montana Mental Health Nursing Care Center (per 53-21-414[2], MCA),

o   Petitions for discharge (per 53-21-182, MCA), and

o   Habeas corpus petitions.

·        Advocates for patients at Montana State hospital or delegates advocacy duties to the Legal Services Program Paralegal Assistant in the following areas to ensure that patients' interests are represented and rights are fully protected:

o   Resolution of grievances

o   The use of medications involuntarily

o   Forensic Review Board

o   Allegations of abuse or neglect

·        Periodically interviews every patient and examines every patient's treatment records (per 53-21-104 [6]) to ensure that the Legal Services Program is familiar with each patient and each patient’s treatment plan.

o   Monitors newly admitted patients and patients whose hospitalization is ongoing to maintain familiarity with the patient population.

o   Prioritizes and regularly schedules in-person interviews with patients and reviews of treatment record to ensure personal contact with each patient and knowledge of each patient’s treatment progress.

·        Manages the legal services program at Montana State Hospital to ensure that it performs its legally required duties and carries out the mission of the Board of Visitors. This includes supervising one FTE, legal secretary.

·        Advises the Executive Director and the Board regarding legal matters relative to the mission of the Mental Disabilities Board of Visitors to ensure that:

o   staff and Board activities are consistent with the law.

o   the Executive Director and the Board are fully aware of any legal implications of the Board’s work, or any legal actions that might be appropriate.

o   the Executive Director and the Board have complete information on which to base decisions about Board action.

·        Participates in periodic inspections of facilities under the Mental Disabilities Board of Visitors’ mandate. (53-21-104, (3), MCA)

o   Interviews staff and consumers at selected facilities as assigned by Executive Director to gather information about the quality of treatment.

o   Submits a written report to the Executive Director summarizing observations during facility inspections.

·        Advise the Executive Director and Board members on emerging changes to law that lack case precedence