Job Overview: Public Defenders render 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 http://leg.mt.gov/bills/mca/title_0470/chapters_index.html. Additionally, Public Defenders are expected to exercise their own professional judgment and provide competent indigent defense casework for clients.

Other Major Duties and Responsibilities include but are not limited to:

• Serves as defense attorney for indigent criminal defendants and other persons in civil cases who are entitled by law to assistance of counsel.
• Prepares for and appears with clients at all pretrial and trial proceedings and hearings.
• Conducts investigations; obtains formal and informal discovery; develops a theory of the case; researches legal issues, prepares, files and argues appropriate motions.
• Negotiate settlements or changes of plea.
• Interviews clients to evaluate evidence and assess strength of case.
• Analyzes charging documents, police reports and discovery material and evidence for assigned criminal cases.
• Prepares trial briefs and conducts all phases of trial in court, including jury trials.
• Recommends bond and participates in bond hearings.
• Reviews petitions for probation revocations.
• Participates in sentencing hearing
• Prepares motions for a new trial.
• Develops overall defense strategies.
• Keeps current with the statutes, rules, and cases regarding both procedural and substantive legal issues.
• Shows commitment and willingness to work with underprivileged populations, including those facing socio-economic adversity and mental health issues, assessing needs, making referrals and ensuring that services are provided to clients.

Knowledge Skills and Abilities:

• Knowledge of legal and court policies, procedures, practices, terminology and systems; state and federal laws; rules and regulations.
• Knowledge of the principles and practices of law enforcement
• Excellent verbal and written communication skills
• Skilled in negotiation, problem-solving and decision-making practices
• Self-motivated
• Ability to remain flexible
• Client-oriented and customer service skills
• Capable of spotting and framing issues to advance the client’s interests.
• Ability to establish and maintain effective working relationships with clients, the public, witnesses, judges/ court personnel, and law enforcement/prosecution personnel

Physical and Environmental Demands:

This position works in an office and court setting and has regular visits with clients in jail, detention centers, and mental health facilities. Options to telework part-time are available. Requires exposure to stressful situations and occasional travel to attend court, trainings and provide services to clients (up to 20% of the time depending on location).