Pay Grade: 20 pay scale ($32.42 to $41.50) or
21 pay scale ($34.74 to $45.63) Depending on Experience
All duties below are essential functions unless otherwise indicated. Duties of the position are not all inclusive and subject to change. The person will be crossed trained in both civil and criminal responsibilities of the County Attorney’s Office and expected to handle both civil and criminal matters as assigned as well as administrative tasks, as necessary. The County Attorney will determine the extent of work by the deputy in either the civil or criminal responsibilities.
A. To research, interpret and apply laws, court decisions, statutes, ordinances and other legal authorities to prepare legal reports, opinions, briefs and appeals using independent judgment and discretion.
B. Will provide legal review and advice to Commissioners and other elected officials, department heads, managers, other county staff as necessary on agency policies for daily administration of regulatory and proprietary functions. This involves interpreting sometimes conflicting federal and state administrative, statutory, regulatory, and constitutional requirements and restrictions.
C. To confer with and advise county officials and employees on legal questions pertaining to their respective powers, duties, functions and obligations. This includes attending meetings of boards and commissions in order to provide legal advice and counsel.
D. To prepare formal written ordinances, resolutions, contracts, leases, conveyances and other legal documents to ensure they comply with applicable rules and implement the intent of governing bodies.
E. To make recommendations to the County Attorney concerning the advisability to prosecute, compromise or dismiss litigation.
F. Represent the State of Montana in cases including, but not limited to, criminal, abuse and neglect, involuntary commitment, and juveniles.
G. Manage an active case load which includes, but is not limited to, making court appearances, negotiating plea agreements, drafting motions and responses to motions, and trying cases.
H. To review facts and information to gain an understanding and evaluate the strength of cases. Conducts follow-up factual investigation (i.e., interviews, gathering additional documentary evidence). Conducts discovery, including depositions. Develops case strategy, prepares for hearings and trials. Participates in mediations and settlement conferences.
I. To prepare pleadings and other papers to support and articulate the County or State’s position at trials, hearings, and other legal proceedings. Performs research, investigations and detailed legal documents for the trial or defense of the county in cases. Conducts legal research, draft motions, responsive pleadings and briefs. Prepares case analysis and evaluation memoranda for clients, prepares case-related correspondence, prepares settlement memos and brochures.
J. To appear and argue pre-trial motions and present cases to the court or jury to represent the County or the State in legal proceedings. This includes questioning potential jurors, presenting an opening statement, questioning and cross-examining witnesses; and adjusting case strategy depending on the results of questioning or cross-examination. Presents closing argument, to emphasize the strengths of the case and the County or State’s position with the goal of persuading the jury or court to reach a verdict in favor of the County or the State.
K. To be available to law enforcement, crisis response team members and other individuals needing guidance during non-traditional working hours.
L. OTHER DUTIES AS ASSIGNED: To attend workshops, seminars and educational sessions to maintain continuing legal education. To serve as staff member on various committees to provide legal input and advice. To perform other duties as assigned including, but not limited to, managing special projects, attending meetings and conferences, providing backup for other staff, participating in training, etc. Attorneys are also expected to perform administrative functions as necessary.