Appellate Defender

To be considered for OPD positions, applicants must complete and submit their application online, as well as upload any required application materials. Please include a writing sample with your submission. This position may be based out of Helena or Missoula.

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 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.

About this Opportunity!

Job Overview:

• Provides timely, effective, and efficient representation to 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 and cases involving significant legal consequences such as the death penalty or life in prison, in accordance 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.
• 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.
• 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.
• Exercises independent legal judgment to interpret and apply state and federal Constitutional, statutory, and administrative laws and applicable caselaw, including caselaw from other jurisdictions, to the facts of a client’s case.
• Consults and collaborates with other attorneys, including trial defense counsel, Managing Appellate Defenders, other Appellate Defenders, the Division Administrator, and postconviction counsel, where appropriate.
• Prepares complex appellate briefs, motions, petitions, and related legal documents.
• Conducts oral arguments when ordered by the Montana Supreme Court.

• Attends and may provide continuing education trainings as necessary.
• Provides office support as requested or needed, e.g., electronically filing pleadings, electronic file maintenance, emptying trash and recycling, and related tasks.

• General knowledge of the roles and duties of court appointed counsel.
• General knowledge regarding the statutes, standards, policies, and procedures regarding the creation and operation of OPD and the function and duties of OPD.
• Extensive knowledge of legal and court policies, procedures, practices, and their application with particular emphasis on indigent defense.
• Extensive knowledge of state and federal constitutional laws, rules and regulations and their judicial interpretation and precedents.
• Familiarity with methods and tactics employed in the defense of legal actions in courts.
• Extensive knowledge of Montana criminal law and procedure.
• A continuing obligation to stay abreast of changes and developments in the law.
• Knowledge of Titles 40, (Uniform Parentage Act), 41 (Montana Youth Court Act and Child Abuse and Neglect), 45 (Crimes), 46 (Criminal Procedure), 53 (Mental Disorder), Montana Code Annotated; Montana Rules of Evidence; and Montana Rules of Appellate Procedure
• Knowledge of the classification of mental disorders and the ability to read and understand medical terminology related to mental disorders, developmental disabilities, chemical dependence and alcoholism, and how a particular mental disorder, developmental disability, chemical dependence or alcoholism will affect client communications and should recognize that communications may require special efforts on the part of counsel.
• Ability to review, absorb, and synthesize lengthy appellate records in an efficient manner.
• Ability to assemble and organize facts logically, clearly, and concisely and in an efficient manner.
• Ability to communicate effectively and persuasively verbally and in writing.
• Ability to effectively and efficiently conduct legal research regarding potential appellate 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, and to discern when to stop researching an issue.
• Ability to work independently on complex matters with multiple legal and factual issues.
• Ability to discern when to consult and collaborate with Managing Appellate Defenders and Appellate Defenders, the Division Administrator, and postconviction counsel.
• Ability to problem-solve, to exercise independent professional judgment, and to make difficult strategic legal decisions in a timely and efficient manner.
• Ability to draft complex legal documents, including appellate opening briefs, reply to briefs, motions, stipulations, affidavits/declarations, proposed orders, petitions, and opinion letters.
• Ability to maintain professionalism when critiqued.
• Ability to work effectively with marginalized populations who are disproportionately impacted by the criminal justice system in Montana.
• Ability to understand and be sensitive to cultural differences that may affect the attorney/client relationship and communications and relationship and communications with team members.
• Ability to establish and maintain effective working relationships with indigent clients, attorneys, elected officials, justices, court personnel, Agency personnel, and the public.
• Ability to have difficult conversations with patience, compassion, and empathy.
• Ability to self-motivate, set internal and personal deadlines and goals, and work efficiently without prompting.
• Skilled in applying client-centered representation principles.
• Skilled in the use of standard office equipment, programs and software.
• Ability to learn, understand, and consistently utilize OPD case management systems.

• Juris Doctorate Degree from an accredited law school,
• Membership in the State Bar of Montana

• Previous experience in criminal defense
• Experience with appellate legal concepts