I.          POSITION IDENTIFICATION

Work Unit:  County Attorney’s Office

Supervisor:   County Attorney

Current Classification:

Pay Grade:   20 pay scale ($35.09 to $54.15) or 21 pay scale ($37.53 to $60.40), Depending on Experience

 Title:  Deputy County Attorney

Exempt

Permanent Full Time Position

________________________________________________________________________

II.         ASSIGNED DUTIES AND TASKS

Position overview:  The County Attorney's Office is responsible for the prosecution of criminal offenses committed within the County and for serving as the attorney for County government, including all agencies and boards.  The Attorney position for handling litigation including legal research, drafting pleadings, conducting discovery and investigation, presenting to a court or jury, participating in mediations and settlement conferences, and oral argument.  The Attorney may be responsible for providing legal advice and guidance on county policy and legislation, including strategies that affect the operations and goals of the commission and county departments.

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.

1. 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.
2. 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.
3. 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.
4. 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.
5. To make recommendations to the County Attorney concerning the advisability to prosecute, compromise or dismiss litigation.
6. Represent the State of Montana in cases including, but not limited to, criminal, abuse and neglect, involuntary commitment, and juveniles. 
7. 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.
8. 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.
9. 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.
10. 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.
11. To be available to law enforcement, crisis response team members and other individuals needing guidance during non-traditional working hours.
12. 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.

III.        KNOWLEDGE

The job requires knowledge of the concepts and theories of the legal profession; county government operations and procedures; legal research and writing; trial procedure and technique; negotiating settlements and agreements; written and oral communications, including language mechanics, syntax and English composition; the principles and application of civil and criminal law; trial and hearing procedures and rules of evidence;
and the statutory and constitutional laws of the State of Montana.

The job requires skill in persuasion, advocacy, the use of office equipment, court procedures, research, oral presentations, leadership, communication, organization, time management, and written communication.

The job requires the ability to research, analyze and apply legal principles, facts, evidence and precedents to legal problems; prepare, present and conduct cases of law in court; present statements of law, fact and argument clearly and logically in written and oral form; develop and maintain effective relationships with other staff members, departmental representatives, county officials, law enforcement, members of advisory and policy-making bodies, the courts and the public; analyze and draft ordinances and regulations.

Education and Experience The job requires education and experience equivalent to graduation from college and an accredited law school, admission to the Montana State Bar, and two years of experience.

IV.      ACCOUNTABILITY

The attorney works independently within established laws, regulations and procedures. Ability to perform detailed work with a high degree of accuracy.  Ability to multi-task, prioritize projects and meet deadlines and maintain confidentiality in written /verbal information; ability to work independently.

V.        CONFIDENTIALITY

The position requires handling non-public confidential information.  The person in the position acknowledges the confidential nature of non-public information regarding county employees and elected officials.  Consistent with applicable policies and guidelines, this position will respect and safeguard the privacy of employees, elected officials and Park County and all confidential criminal justice information in accordance with Montana state law, without limiting the general nature of this commitment. This position will not access or seek to gain access to confidential information regarding any past or present employees, elected officials, and Park County in the course of fulfilling job responsibilities.  The person in the position hereby acknowledges that the person understands that in this context, confidential information is considered all non-public information that can be personally associated with an individual. 

If in the course of executing job responsibilities, the person in the position accidentally accesses information that others might consider inappropriate for this position to access, the person in the position will notify the person’s supervisors of the date and time of the access.  If a question arises at a later time, it will be understood that the access was accidental.  The person in the position will not disseminate any such information.

By signing this Position Description, the undersigned hereby acknowledges reading and understanding this section regarding confidentiality and agrees to abide by the terms and conditions set forth herein.  Violation of confidentiality may warrant disciplinary action, up to and including, suspension, demotion or termination of employment

The successful candidate must undergo certification testing and become certified to access documents determined to be confidential.

VI.       INDEPENDENCE OF ACTION

This position plans and carries out most assignments independently, and uses a high level of judgment and initiative to solve problems. Will work to develop and recommend new processing procedures in response to identifying process inefficiencies, frequent errors, etc. Work objectives and priorities are defined together with the County Attorney.

VII.      PERSONAL CONTACTS

This position has contacts with the public, county personnel including law enforcement, elected officials, Department Head or equivalents, criminal defendants, Judges, court personnel, parties to cases, and other attorneys in order to be responsive to questions and inquiries regarding civil or criminal matters.

VIII.    WORK ENVIRONMENT/PHYSICAL DEMANDS

The demands and conditions described here are representative of those the employee must meet to perform the essential functions of the job.

• Sitting for long periods of time.
• Standing, walking, bending, stooping, or kneeling.
• Use hands to operate computer hardware, calculators, keyboard and other office equipment.
• Occasionally lift, carry, or move large binders or files of up to 20 pounds.
• Specific vision abilities required by this job include close and far vision, the ability to adjust focus while operating a computer and viewing into a monitor, to read paper documents, and to operate a motor vehicle.
• Clarity of speech and hearing which permits the employee to communicate well with others. Personal mobility that permits the employee to serve the general public, access files and other materials in the office and in courts, and to operate a motor vehicle.
• Work for sustained periods of time maintaining concentrated attention to detail.
• Conduct him/herself in a professional and cordial manner.

           Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

            The noise level in the work environment is usually moderate.