Appellate Defender

Job Description - Appellate Defender (26142498)

Position Title:

Appellate Defender - (26142498)

To be considered for OPD positions, applicants must complete and submit their application online, as well as upload any required application materials. Please include a writing sample with your submission. This position will remain open until filled, with the first screening occurring on October 16, 2026.

Our Mission

To Provide the Most Compassionate and Expert Defense of Clients and the Constitution

Our Vision

Creating Expert Teams of Advocates for Justice, Bringing Respect and Dignity to our Clients to Achieve Holistic and Equitable Outcomes

Reasons to work for the Office of the Public Defender: Our work changes lives! OPD's work makes a difference for the people in our communities. Public Defenders work for their clients, protect constitutional rights, and ensure the system remains fair. We are proud of the work we do. To find out more about OPD visit our website.

Benefits of working for OPD: The ability to work and play in the beautiful state of Montana is one of the benefits you will love about this opportunity! Montana offers theaters, museums, fairs, rodeos, a high-quality educational system, and many recreational opportunities. Montana''s mountains, rivers, and lakes provide year-round opportunities for outdoor enthusiasts. Fishing, hiking, camping, boating, biking, hunting, skiing, and snowmobiling can be accessed throughout our great state.

Other fantastic benefits include:

• Health coverage
• Retirement plans
• Paid vacation, sick leave, and holidays
• Work/life balance
• Flexible schedules
• Opportunities and room for professional growth
• Telework (when applicable)
• Public Service Loan Forgiveness - Employment with the State of Montana may qualify you to receive public service loan forgiveness - visit the Federal Student Aid website to learn more!

Materials Required of Applicants:

• Cover Letter
• Resume
• References: Please provide contact information for (2) current or former supervisors and (1) professional peer.
• Writing Sample

About this Opportunity!

Job Overview:

Appellate Defenders provide efficient and effective representation to clients entitled to representation by the Appellate Defender Division (Division) of the Office of State Public Defender (Agency) as they pursue appellate review of lower court cases in the Montana Supreme Court. Appellate Defenders are expected to exercise professional judgment and render timely, efficient, and effective legal services for all cases handled by the Division, which involve a variety of fields of law, and which range from routine to complex constitutional, high profile, and death penalty litigation. This position provides information and legal advice to clients regarding the appeal process, advises on the options available in the state court system, and determines how to present cases to the Montana Supreme Court. Additionally, Appellate Defenders may provide legal advice and training to other public defenders and to contract attorneys for the Agency. Appellate Defenders must have passion for public defense, and a commitment and willingness to work collaboratively with underprivileged populations and must continually advocate and strive to improve the level of service to our clients provided by themselves, their team, the Division, and the Agency.

This position reports to a Managing Appellate Defender.

Essential Functions (Major Duties or Responsibilities):

The job duties and responsibilities for this position include but are not limited to the following:

Client Representation (~95%)

• Provides timely, effective, and efficient representation to clients entitled by law to court-appointed counsel in direct appeals of criminal, juvenile, involuntary mental health commitments, child abuse and neglect, guardianships, and private adoption matters and related proceedings for extraordinary writs before the Montana Supreme Court, including in high-profile cases and cases involving significant legal consequences such as the death penalty or life in prison, in accordance with constitutional and statutory standards and Agency and Division policies, procedures, and standards of practice, including requirements regarding time keeping, client communications, and case assignment protocols.
• Engages in client-centered representation by keeping clients informed regarding the status of their cases, consulting with clients regarding their objectives and desired issues to be raised on appeal, making recommendations and giving appropriate legal advice, and/or facilitating legal decisions for the client.
• Reviews, assesses, and analyzes lengthy appellate records.
• Researches and assesses potential legal issues based on the record on appeal, the current state of the law, and potential arguments regarding what the law should be, including both issues with substantial legal precedent and novel issues with little or no precedent.
• Exercises independent legal judgment to interpret and apply state and federal Constitutional, statutory, and administrative laws and applicable caselaw, including caselaw from other jurisdictions, to the facts of a client's case.
• Consults and collaborates with other attorneys, including trial defense counsel, Managing Appellate Defenders, other Appellate Defenders, the Division Administrator, and postconviction counsel, where appropriate.
• Prepares complex appellate briefs, motions, petitions, and related legal documents.
• Conducts oral arguments when ordered by the Montana Supreme Court.

B. Other duties as assigned (~5%)

• Attends and may provide continuing education trainings as necessary.
• Provides office support as requested or needed, e.g., electronically filing pleadings, electronic file maintenance, emptying trash and recycling, and related tasks.

Physical and Environmental Demands: This position works in a variety of settings such as an office or court-setting and visits jails, detention centers or mental health facilities. Fluctuation of workload may require more than a 40-hour work week and requires occasional exposure to stressful situations. Minimal travel (~5%) to attend Court, trainings and provide services to clients may be required.

Knowledge, Skills and Abilities:

This position requires:

• General knowledge of the roles and duties of court appointed counsel.
• General knowledge regarding the statutes, standards, policies, and procedures regarding the creation and operation of OPD and the function and duties of OPD.
• Extensive knowledge of legal and court policies, procedures, practices, and their application with particular emphasis on indigent defense.
• Extensive knowledge of state and federal constitutional laws, rules and regulations and their judicial interpretation and precedents.
• Familiarity with methods and tactics employed in the defense of legal actions in courts.
• Extensive knowledge of Montana criminal law and procedure.
• A continuing obligation to stay abreast of changes and developments in the law.
• Knowledge of Titles 40, (Uniform Parentage Act), 41 (Montana Youth Court Act and Child Abuse and Neglect), 45 (Crimes), 46 (Criminal Procedure), 53 (Mental Disorder), Montana Code Annotated Montana Rules of Evidence; and Montana Rules of Appellate Procedure
• Knowledge of the classification of mental disorders and the ability to read and understand medical terminology related to mental disorders, developmental disabilities, chemical dependence and alcoholism, and how a particular mental disorder, developmental disability, chemical dependence or alcoholism will affect client communications and should recognize that communications may require special efforts on the part of counsel.
• Ability to review, absorb, and synthesize lengthy appellate records in an efficient manner.
• Ability to assemble and organize facts logically, clearly, and concisely and in an efficient manner.
• Ability to communicate effectively and persuasively verbally and in writing.
• Ability to effectively and efficiently conduct legal research regarding potential appellate issues based on the record on appeal, the current state of the law, and potential arguments regarding what the law should be, including both issues with substantial legal precedent and novel issues with little or no precedent, and to discern when to stop researching an issue.
• Ability to work independently on complex matters with multiple legal and factual issues.
• Ability to discern when to consult and collaborate with Managing Appellate Defenders and Appellate Defenders, the Division Administrator, and postconviction counsel.
• Ability to problem-solve, to exercise independent professional judgment, and to make difficult strategic legal decisions in a timely and efficient manner.
• Ability to draft complex legal documents, including appellate opening briefs, reply to briefs, motions, stipulations, affidavits/declarations, proposed orders, petitions, and opinion letters.
• Ability to maintain professionalism when critiqued.
• Ability to work effectively with marginalized populations who are disproportionately impacted by the criminal justice system in Montana.
• Ability to understand and be sensitive to cultural differences that may affect the attorney/client relationship and communications and relationship and communications with team members.
• Ability to establish and maintain effective working relationships with indigent clients, attorneys, elected officials, justices, court personnel, Agency personnel, and the public.
• Ability to have difficult conversations with patience, compassion, and empathy.
• Ability to self-motivate, set internal and personal deadlines and goals, and work efficiently without prompting.
• Skilled in applying client-centered representation principles.
• Skilled in the use of standard office equipment, programs and software.
• Ability to learn, understand, and consistently utilize OPD case management systems.

This agency participates in E-Verify to confirm employment eligibility. After accepting a job offer and completing Form I-9, your information will be submitted to the Department of Homeland Security and Social Security Administration for verification. For more information about E-Verify, please visit the E-Verify website found here, https://www.e-verify.gov/.

Minimum Qualifications (Education and Experience):

This position requires:

• Juris Doctorate Degree from an accredited law school,
• Membership in the State Bar of Montana

Preferred:

• Previous experience in criminal defense
• Experience with appellate legal concepts

Applicant Pool Statement: If another department vacancy occurs in this job title within six months, the same applicant pool may be used for the selection. Training Assignment: This agency may use a training assignment. Employees in training assignments may be paid below the base pay established by the agency pay rules. Conditions of the training assignment will be stated in writing at the time of hire.

Salary: $

91,542.75 - 119,041.45 Yearly

Telework Eligibility: Telework Eligible (Full-time telework is not available. Telework schedule must be supervisor approved.) Benefits Package Eligibility: Health Insurance, Paid Leave & Holidays, Retirement Plan

Number of Openings

: 1 Employee Status: Regular Schedule: Full-Time

Job Type

: Standard

Shift

: Day Job

Travel

: Yes, 5 % of the Time

Primary Location

: Helena

Agency: Office of Public Defender Union: 000 - None

Posting Date

: Oct 2, 2026, 10:23:57 PM

Closing Date (based on your computer''s timezone)

: Ongoing

Required Application Materials: Cover Letter, Resume, References

Contact Name: Margaret McNivens | Contact Email: Margaret.McNivens@mt.gov | Contact Phone: 406-444-5374 Anyone who needs to request a reasonable accommodation in the application or hiring process should contact the HR staff identified on the job listing or by dialing the Montana Relay at 711. Montana Job Service Offices also offer services including assistance with submitting an online application.

State government does not discriminate based on race, color, national origin, religion, sex, sexual orientation, gender identity or expression, pregnancy, childbirth or medical conditions related to pregnancy or childbirth, age, physical or mental disability, genetic information, marital status, creed, political beliefs or affiliation, veteran status, military service, retaliation, or any other factor not related to merit and qualifications of an employee or applicant.