Managing Public Defender-Conflict Division

About this Opportunity

This position oversees and manages all public defender services within assigned regions of the Conflict Defender Office. The Managing Attorney performs a variety of difficult and complex criminal defense, administrative, liaison, and supervisory duties.

Responsibilities

• Determine whether or not a conflict exists within a referred case and assign cases appropriately, establishing to ensure prompt counsel
• Ensure that public defender assignments within the Conflict Public Defender Office comply with the provisions of MCA 47-1-202
• Implement the standards and procedures established by the Conflict Defender Division Administrator and the Office of the State Public Defender within the Conflict Defender Offices
• Maintain a client caseload as determined by the Conflict Defender Division Administrator
• Handle all phases of multi-forum litigation for indigent clients in a variety of typical to more complex and high-profile cases
• Provide mentoring to developing Public Defenders in their representation of indigent clients as described in the Montana Public Defender Act
• Research and prepare a legal defense based on the facts, investigations, and legal research
• Keep clients informed and prepared for all stages of representation including various hearings, proceedings and/or trials depending on the type of case
• Hire and manage public defenders and support staff
• Oversee contract services
• Perform all other duties as assigned

Client Representation

• Provide client consultation and case assessment
• Research and prepare a legal defense based on the facts, investigations, and legal issues to ensure quality representation and diligent advocacy for the client at all stages of representation in civil, criminal, juvenile, involuntary commitment, or dependent/neglect cases
• Represent clients in court, trials, and at all official proceedings; ensure clients are actively and efficiently represented at each of the various requisite official proceedings of their case
• Review and prepare legal documents, opinions, forms, contracts, permits, and other legal agreements
• Prepare appropriate findings of fact, conclusions of law, orders for judgement(s) after administrative and court proceedings
• Interpret and apply state and federal laws and administrative rules
• Interview parties, witnesses, and experts involved during the legal proceedings
• Receive, research, and respond to questions or complaints; provide information, explain policy and procedure, and/or facilitate a resolution
• Provide consultation, make recommendations, give appropriate legal advice, settlement negotiations, and/or facilitate legal decisions
• Provide assistance or collaborate with Public Defenders or other attorneys during trials and hearings
• Provide direction and guidance and be responsible for cases with substantial legal precedent as well as analyze, interpret, and advise about new laws that have no case precedent
• Serve as a legal advisor across multiple fields of law

Administrative Management

• Ensure resource usage in the assigned Office and the Conflict Division is fiscally sound using both employee and contract services
• Ensure processes are in place to accurately and timely collect and report data and information critical to the operation of the office, division and the agency
• Ensure that quality administrative management procedures are in place
• Review all potential conflicts of interest referred to the office and make the final determination regarding whether a conflict exists
• Oversee contract services
• Ensure compliance with the agency's Practice Standards to promote excellence and professionalism in representation to those entitled to counsel at public expense
• Ensure office personnel, contractors and clients are aware of avenues available for bringing forward complaints about public defender performance
• Ensure proper caseload management in accordance with agency policy and procedures
• Provide assistance in resolving conflicts of interest in an appropriate and ethical manner
• Manage highly sensitive public, political and division-specific issues

Supervision

• Supervise public defenders and support staff within the office
• Ensure that there is an active and robust performance evaluation process for all office employees and contractors
• Ensure that employees and contractors are receiving training and mentoring to be successful in performing work assignments
• Oversee progressive discipline in a union environment
• Ensure that assignments of counsel for capital cases are consistent with standards issued by the Montana Supreme Court
• Provide training and guidance to public defenders

Public Relations and Other Duties

• Develop relationships with prosecutors, judges, law enforcement, corrections, elected officials, non-profit organizations, and other interested parties to further the agency's mission and promote successful outcomes for indigent persons
• Develop and cultivate relationships with contract attorneys who provide services to the agency
• Represent the agency at local, state, and national meetings
• May respond directly to inquiries from the media, professional organizations and the public and may defend agency decisions
• May testify in legislative hearings regarding the operation of the division, including on legislation impacting the agency, budget matters, and other agency operations
• Perform other duties as assigned

Physical and Environmental Demands

This position works in a variety of settings such as an office or court setting and has regular visits to 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, trainings and provide services to clients is common, which could be up to 40% of the time.

Knowledge, Skills and Abilities

• Able to energize and provide strong leadership
• Able to provide a balanced approach to providing public defender services by balancing the needs of the client with the limited resources available to the division
• Able to implement agency and division policies based on short and long-term strategic planning goals, management concepts and practices
• Able to recognize, analyze and solve complex management problems
• Able to assess hypothetical situations and impacts; consolidate a unified strategy in response to numerous issues and concerns; make proper and timely decisions in stressful situations
• Able to direct a complex organization through effective planning, delegation and leadership
• Able to accept the direction of the Director in carrying out policy
• Able to gain respect and manage and utilize the skills of staff
• Able to provide supervision and organizational direction and to demonstrate extensive knowledge of change, personnel, and budget management
• Demonstrated verbal and written communication, negotiation, problem solving and decision-making skills
• Possess strong relationship-building skills, including the ability to communicate effectively across diverse groups and to build trust and credibility in working relationships
• Demonstrated commitment to the state and the mission of the public defender system
• Extensive knowledge of legal and court policies, procedures, practices, terminology and systems; state and federal laws, rules and regulations; and public defense
• Knowledge and experience in public administration, public relations, government organization, lobbying, state budgeting, and legislative processes

Qualifications

• Juris Doctorate Degree from an accredited law school
• Membership in the State Bar of Montana
• Other combinations of education and experience may be considered on a case-by-case basis

Preferred Qualifications

• At least five years of progressively responsible management experience including supervision of professional and support staff, budgeting, organizational and operational functions
• Practical experience in law preferably in litigation of criminal and civil law involving public defense actions

This response is AI-generated, for reference only.