Prosecution Attorney

Division Overview:

The State’s Attorney’s Office in the Montana Department of Justice is dedicated to ensuring justice and upholding the rule of law on behalf of the people of Montana. The office includes the Solicitor General’s Office, Criminal Prosecution and Appellate Services, Civil Services and Consumer Protection. The functions within the office include defense of Montana’s laws as passed by the Legislature, constitutional challenges, determining legal sufficiency of ballot initiatives, prosecution of criminals, handling all phases of litigation from district court proceedings through appeal, and complex litigation of antitrust matters.

Job Overview:

The Prosecution Attorney is responsible for preparing and trying major criminal cases, individually and as part of a prosecution team, with heavy emphasis on cases of a high-profile nature involving violent crime. The Prosecution Services Bureau provides a broad range of professional legal services across the State, including prosecuting major cases, training and trial assistance, research and consultation to local, state and federal law enforcement agencies as authorized by the Attorney General and mandated by law.

Assigned Duties: 

Represents the State of Montana in complex criminal prosecutions across the state, including the presentation of witnesses, evidence, argument, motions practice, hearings and trials before District Court Judges and Juries. Conducts legal research and analysis on a broad spectrum of legal and factual issues in felony criminal cases before state trial and appellate courts with heavy emphasis on criminal law and procedure, and matters involving violent crime such as homicide and sexual offenses.  Evaluates investigative case files generated by local law enforcement and the Montana Division of Criminal Investigation and determines if felony prosecution is warranted. Communicates with and prepares witnesses before trial; collects or supervises the collection of information necessary for the conduct of criminal prosecution. Engages the services of the expert witnesses as needed. Engages in formal pretrial discovery, exercising discretion in determining when search warrants or investigative subpoenas are needed, and drafts and executes investigative subpoenas and search warrants. Analyzes legal and factual case circumstances to develop alternatives for trial presentation and coordinates the conduct of cases to maintain consistency and organization. Synthesizes legal materials and composes written briefs, pleadings and other documents. Exercises professional discretion in determining the propriety of plea agreements and in negotiating such agreements to resolve complex felony cases prior to trial. Exercises professional discretion in the prosecution of complex felony matters nearly all of which are tried before district court juries. Prepares and submits jury instructions. Analyzes appellate court decisions for legal effect and impact on the interests of the state. Serves as lead attorney on cases that are tried and supervises the investigative efforts of local law enforcement officers and Montana Division of Criminal Investigation in the preparation of cases for trial.

Other Legal Duties: Conducts training programs for local prosecutors on all types of criminal law and procedure issues. Provides advice and assistance to local prosecutors on issues relating to every aspect of criminal law and procedure. Establishes and maintains working relationships with representatives of federal, state and local law enforcement agencies, state crime lab, local prosecutors, the courts and defense attorneys. 

This position may be subject to special assignment, including but not limited to prosecuting Montana State Fund Fraud, or Fish, Wildlife, and Parks cases. 

This position may also serve as a liaison between the Department of Justice and the Legislature regarding the reporting statewide data to the legislature.

The preferred location for this position is in Helena, but other locations in MT may be considered.

This position is open until filled. First review of candidates will be on 11/2/2026.

Minimum Qualifications:

• Juris Doctor Degree.

• At least two years of specialized law and litigation experience.

• Admission to and maintenance of licensure in good standing from the State Bar of Montana.

• If licensed in another state, must be able to become licensed to practice law in Montana within one year of hire, or reasonable time. Individuals with 5 years of practice in another state in good standing are eligible to be admitted on motion. Bar Admission Rules

• Other combinations of education and experience will be considered on a case-by-case basis.

Preferred Qualifications:

• Two years’ experience in the prosecution of criminal cases, including homicide, sexual crimes, and other violent crime cases.

• Significant jury trial experience as lead or co-counsel.

Special Instructions:

You are required to attach a resume, cover letter and a legal writing sample of 5,000 words or less, from a document or portion thereof, prepared within the last five years at the time of application.

Additional materials, references or information submitted by the applicant, but not requested, will not be considered.

Successful applicant(s) will be subject to:

• Criminal History Fingerprint Check

• Driving History

HOW TO APPLY:

To be considered for this position, you must attach a resume, cover letter, and writing sample at the time of application.

Tip: When attaching your resume and cover letter, you must mark the attachment as a “Relevant File”.

Your Resume: Please include all work experience as well as job duties that demonstrate your qualifications for this position.  Include dates of employment (month & year- start & end) and the reason you left each job.

Your Cover Letter: How do your qualifications and experience directly correlate to the duties of this position and what makes you the best candidate for the job?

A complete online state application is not required.  To initiate an application, attach the resume to be considered for this position.  Failure to attach résumé will result in an incomplete application that will not be considered further.

Only electronic applications will be accepted.  Materials submitted but not requested will not be considered in the selection process.

All documents for Veteran or Disability preference must be received or date stamped by the closing date.  Please submit preference documentation to Terri Christianson at Terese.Christianson@mt.gov via File Transfer Service.

To request an accommodation with the application process, please contact the HR office.

Your service is rewarded with competitive compensation and generous State of Montana Benefits.

• Medical, dental and vision coverage

• Retirement plans

• Generous paid vacation, sick and holidays

• Pre-tax Flexibility Spending Accounts

• Employee Assistance Program

State of Montana employment may qualify for student loan forgiveness under the Public Service Loan Forgiveness (PSLF) program.

This Organization Participates in E-Verify.

Minorities are under-represented in this position and are encouraged to apply.