Job Description

Appellate Attorney

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 office includes the Solicitor General's Office, Criminal Prosecution and Appellate Services, Civil Services and Consumer Protection. The functions within the office include defense of Montana's laws as passed by the Legislature, constitutional challenges, determining legal sufficiency of ballot initiatives, prosecution of criminals, handling all phases of litigation from district court proceedings through appeal, and complex litigation of antitrust matters.

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. The Appellate Attorney is 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 orders a case to be argued.

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 depositions and evidentiary hearings. 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. Federal habeas cases may involve an oral argument in the Ninth Circuit.

Attorneys within Appellate Services must have the skills to manage competing deadlines and work independently on their cases. Appellate attorneys collaborate with colleagues and with prosecutors around the State to determine the best strategy to advance the goals of the criminal justice system.

The preferred location for this position is in Helena, but other locations in MT may be considered.

This position is open until filled. First review of candidates will be on 10/8/2026.

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 a reasonable time. 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.

Preferred Qualifications:

• Experience practicing criminal law in Montana.
• Appellate experience in the Montana Supreme Court and/or federal practice experience.

Special Instructions:

You are required to attach a resume, cover letter and a legal writing sample of 5,000 words or less, from a document or portion thereof, prepared within the last five 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, cover letter, writing sample, a structured interview, performance test, 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 / Name-based 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, cover letter, and writing sample, 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.

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.

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