Closing Date: 17th September, 2026
Description:
To be considered for OPD positions, applicants must complete and submit their application online, as well as upload any required application materials. This position may be based out of any OPD Office.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! OPD's work 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.
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 public service loan forgiveness – visit the Federal Student Aid website (https://studentaid.gov/manage-loans/forgiveness-cancellation/public-service) to learn more!
- Cover Letter
- Resume
- Writing Sample
- References: Please provide contact information for (2) current or former supervisors and (1) professional peer.
About this Opportunity!:
Job Overview:
Managing Appellate Defenders ensure that indigent clients and other clients entitled to representation by the Appellate Defender Division (Division) of the Office of State Public Defender (Agency) receive efficient and effective representation as they pursue appellate review in the Montana Supreme Court of lower court cases. Managing Appellate Defenders exercise professional judgment and render competent legal services for all cases handled by the Division, which can range from routine to complex constitutional, high profile, and death penalty litigation. Managing Appellate Defenders provide direct client representation in a variety of fields of law. They also provide guidance, leadership and day-to-day supervision to Assistant Appellate Defenders who are members of their team. This position's responsibilities involve establishing protocols for their team members; ensuring that team members' assignments comply with constitutional and statutory standards, and Agency and Division policies, procedures, and standards of practice; and assisting in the development, implementation, and evaluation of Agency and Division policies, procedures, and standards of practice. Managing Appellate Defenders must have a passion, commitment, and willingness to work collaboratively with underprivileged populations and must continually advocate and strive to improve the level of service provided by their team, the Division, and the Agency to our clients.
Essential Functions (Major Duties or Responsibilities):
The job duties and responsibilities for this position include but are not limited to the following:
Client Legal Representation (~30%)
- Represents clients entitled by law to court-appointed counsel in direct appeals of criminal, juvenile, involuntary mental health commitments, child abuse and neglect, guardianships, and private adoption matters and related proceedings for extraordinary writs before the Montana Supreme Court, including in high-profile cases that involve significant legal consequences such as the death penalty or life in prison.
- Engages in client-centered representation by keeping clients informed regarding the status of their cases, consulting with clients regarding their objectives and desired issues to be raised on appeal, making recommendations and giving appropriate legal advice, and/or facilitating legal decisions for the client.
- Reviews, assesses, and analyzes lengthy appellate records and prepares complex appellate briefs, motions, petitions, and related legal documents.
- Interprets and applies state and federal Constitutional, statutory, and administrative laws. Researches and assesses potential legal issues based on the record on appeal, the current state of the law, and potential arguments regarding what the law should be, including both issues with substantial legal precedent and novel issues with little or no precedent.
- Consults and collaborates with other attorneys, including defense counsel below, other Managing Appellate Defenders and Appellate Defenders, the Division Administrator, and postconviction counsel, where appropriate.
- Conducts oral arguments when ordered by the Montana Supreme Court.
Supervision of Personnel Engaged in Client Legal Representation (~50%)
- Provides leadership, advice, and training to Appellate Defenders, including but not limited to team members, across multiple fields of law.
- Directs, coordinates, and supervises work and activities of team members
- Ensures propriety and timeliness of briefs, petitions, motions, case preparation, scheduling, and follow-up by team members.
- Communicates constitutional and statutory standards and Agency and Division policies, procedures, and standards of practice to team members and creates protocols to implement the same.
- Actively monitors and evaluates team members' compliance with constitutional and statutory standards and Agency and Division policies, procedures, and standards of practice, including requirements regarding time keeping, client communications, and case assignment protocols.
- Takes corrective action when necessary to ensure compliance with constitutional and statutory standards and Agency and Division policies, procedures, and standards of practice.
- Receives, researches, and responds to questions regarding the appellate process from various stakeholders, including but not limited to potential, current, and former clients; public defenders; contract attorneys; postconviction counsel; and members of the judicial branch. Provides information, explains policies and procedures, and/or facilitates a resolution, as required.
- Responsible for hiring, discipline, and firing of Appellate Defenders within assigned team.
Administrative Management (~15%)
- Ensures processes are in place to accurately and timely collect and report data and information critical to the operation of the Agency and Division.
- Investigates complaints and grievances from clients and recommends appropriate resolution of problems in consultation with Division Administrator.
- Reviews all potential conflicts of interest and makes final determination regarding whether a conflict exists. Takes appropriate actions to protect clients' interests, including making sure that clients continue to receive representation while conflict-free counsel is located.
- Actively engages in a process for continual improvement of the Agency's and Division's operations and services.
- Participates in the development of policies, procedures, standards of practice, operational plans, goals, and directives to meet Agency and Division needs by actively seeking feedback from team members, developing recommendations, and communicating such recommendations and providing feedback to the Division Administrator and other members of the Division management team and Agency leadership team.
- Consults and collaborates with other managers regarding Division operations and services.
Other duties as assigned (5%)
- Attends continuing education training, workshops, and conferences and provides continuing education training as necessary or required.
- Provides office support as requested or needed, e.g., electronically filing pleadings, electronic file maintenance, emptying trash and recycling, and related tasks.
- Performs other duties as assigned.
Physical and Environmental Demands: This position works in a variety of settings such as an office or court setting and may include visits to prisons, jails, detention centers or mental health facilities. Fluctuation of workload may require more than a 40-hour work week and requires occasional exposure to stressful situations. Attendance of continuing legal education seminars to meet Bar requirements is necessary. Depending on location, travel to attend court and trainings, to supervise, train, and/or evaluate team members in person, and to provide services to clients may be required.
Knowledge, Skills and Abilities:
This position requires:
- Extensive knowledge of the roles and duties of court appointed counsel.
- G
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