Assistant Attorney General - Appellate

Division Mission:

The State's Attorney's Office in the Montana Department of Justice is dedicated to ensuring justice and upholding the rule of law on behalf of the people of Montana.

The State's Attorney's Office consists of Assistant Attorneys General and legal support staff that represent the State of Montana. The office includes the Solicitor General's Office, Criminal Prosecution and Appellate Services, Civil Services and Consumer Protection. Additionally, the office provides legal expertise and litigation support to other state agencies. The functions within the office include defense of Montana's laws as passed by the Legislature, and ballot initiatives passed by the voters; prosecution of criminals; litigation, from district court proceedings through appeal; and complex litigation of antitrust matters. Legal counsel and advice to state agencies is provided on a fee-for-service basis. Services typically include litigation, hearings officer services, and transactional work, and may relate to any legal matter regulated by the State of Montana.

Relocation expenses are negotiable.

Job Overview :

The Appellate Services Bureau represents the State of Montana in criminal cases that are appealed to the Montana Supreme Court. Appellate Services also handles appeals in dependency and neglect cases resulting in termination of parental rights and appeals in involuntary commitment proceedings. Assistant Attorney Generals 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.

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.

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.

Special Instructions:

You are REQUIRED to attach a cover letter, résumé and a legal writing sample of 3000 words or less, from a document or portion thereof, prepared within the last three years at the time of application.

The selection procedures to be used in evaluating the applicant's qualification may include, but are not limited to, an evaluation of the résumé, a structured interview, academic transcripts, reference/background checks and fingerprint checks.

Additional materials, references or information submitted by the applicant, but not requested, will not be considered.

Successful applicant(s) will be subject to:

• Criminal History Fingerprint Check
• Driving History

HOW TO APPLY:

To be considered for this position, you must attach a resume at the time of application .

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

Your Resume : 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.

A complete online state application is not required. To initiate an application, attach the resume to be considered for this position. Failure to attach résumé will result in an incomplete application that will not be considered further.

Only electronic applications will be accepted. Materials submitted but not requested will not be considered in the selection process.

All documents for Veteran or Disability preference must be received or date stamped by the closing date. Please submit preference documentation to Terri Christianson at Terese.Christianson@mt.gov via File Transfer Service .

To request an accommodation with the application process, please contact the HR office.

Your service is rewarded with competitive compensation and generous State of Montana Benefits.

• Medical, dental and vision coverage
• Retirement plans
• Generous paid vacation, sick and holidays
• Pre-tax Flexibility Spending Accounts
• Employee Assistance Program

State of Montana employment may qualify for student loan forgiveness under the Public Service Loan

Forgiveness (PSLF) program.

This Organization Participates in E-Verify .

Minorities are under-represented in this position and are encouraged to apply.

Closing Date/Time: 2025-08-22

• 

• Montana Department of Justice

• 1 (406) 459-3741

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