Appellate Attorney (Assistant Attorney General)

JOB
Assistant Attorneys General in Appellate Services are required to handle issues of statutory interpretation and constitutional analysis that have statewide significance. This requires the ability to meticulously review lower court records and transcripts, conduct legal research, and write persuasive briefs advocating for the State’s position. Appellate Services’ Attorneys are also responsible for conducting oral arguments in the Montana Supreme Court when the Court concludes an oral argument is necessary before it reaches a decision.

This position will specialize in responding to appeals in the Montana Supreme Court of dependency and neglect cases that resulted in the termination of parental rights. The attorney in this position will gain knowledge and expertise in child dependency and neglect proceedings and will be a resource for attorneys statewide handling child dependency and neglect cases. The attorney in this position may also present annual trainings to prosecutors about legal issues related to child dependency and neglect proceedings and will spend about one third of his or her time in this area of the law.

In addition, Appellate Services handles complex federal habeas corpus cases in the federal district court and the Ninth Circuit Court of Appeals. Federal habeas cases sometimes require discovery, such as depositions and may require an attorney to participate in an evidentiary hearing. This may require in-state travel. Handling federal habeas cases requires knowledge of procedural defenses that are unique to federal habeas litigation, and the ability to work effectively with voluminous case files that sometimes span decades. If the Ninth Circuit orders a federal habeas case to be orally argued, the assigned attorney will travel out of state to conduct the oral argument.

Occasionally, an attorney with Appellate Services may be involved in a death penalty case or a case being appealed to the United States Supreme Court.

Appellate Services’ attorneys also handle state habeas corpus litigation and extraordinary writs in the Montana Supreme Court.

Attorneys within Appellate Services must have the skills to manage competing deadlines and work independently on their cases. Appellate attorneys have substantial discretion about strategy while still collaborating with colleagues and with prosecutors around the State to determine the best strategy to advance the goals of the criminal justice system.

The first review of applicants will be on May 31st, 2023.

Minimum Qualifications:
Juris Doctor Degree.
At least two years of specialized law and litigation experience.
Admission to and maintenance of licensure 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. 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

HOW TO APPLY:
To be considered for this position, you must attach a résumé at the time of application.

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

Your Résumé: 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.

Closing Date (based on your computer's time zone): ONGOING (Ready for a quality of life change)