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Years of Experience
ProfileAssistant Attorney General/Appellate Lawyer Duties: Handle all phases of litigation, from district court proceedings to U.S. Supreme Court appeals. These cases frequently involve constitutional challenges or issues of first impression. Federal habeas litigation may require an evidentiary hearing to reconstruct events that happened years before. Represents the State of Montana in criminal cases, post conviction proceedings, child abuse and neglect cases, and involuntary commitment matters appealed to the Supreme Court or United States Supreme Court. These cases originate in the district court by the city or county attorneys’ offices. These cases involve multiple issues, often of first impression, or involving constitutional challenges, and case outcomes often have statewide, and possibly national, significance. Appears personally before the Supreme Court in cases set for oral argument. Attorney works completely independently on these projects, with virtually complete discretion about litigation strategy. Represents the State in complex federal habeas corpus litigation. These cases require superior knowledge of applicable procedural defenses that are unique to federal habeas corpus litigation. Some cases involve an evidentiary hearing in federal court, which necessarily entails reconstruction of complex factual situations years after they have occurred. A favorable ruling in federal district court will likely lead to briefing and oral argument before the Ninth Circuit Court of Appeals. Evidentiary hearings and oral arguments frequently require travel, often out-of-state. If the ruling is adverse, the attorney makes a recommendation to the bureau chief about whether to appeal. Attorney is expected to handle all phases of litigation independently. Represents the State of Montana in state habeas corpus litigation and petitions for writs of supervisory control or other extraordinary writs filed in the Montana Supreme Court. Some of these cases require specialized knowledge of procedural defenses applicable and unique to post conviction and habeas litigation. Works completely independently on these projects.
Qualification and Experience
Qualifications: Graduation from college and an accredited law school. Membership in good standing in the State Bar of Montana. Prefer 3+ years progressively responsible experience in the practice of law.
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Montana Department of Justice
Scott Hart Bldg
303 N Roberts, , PO BOX 201404
Helena, MT 59620