Criminal Deputy County Attorney

This position is located in the Gallatin County Attorney's office and is responsible for prosecuting felony offenses in the district court, felony and misdemeanor offenses in the youth court, and misdemeanor offenses in the justice court, all under the direction of the Gallatin County Attorney. This position also is responsible for handling dependent neglect, involuntary commitment, and guardianship/conservator cases in district court, under the discretion of the Gallatin County Attorney. This position starts on January 1st, 2025.

• Prosecutes criminal offenders, reviews investigative reports from law enforcement officers and makes determinations of what charges to file and who to charge or decline the prosecution.
• Prepares for and makes court appearances in non-trial settings such as arraignments, omnibus hearings, change of plea hearings, sentencing hearings, etc.  Interviews and prepares witnesses.  Prepares court documents.  Responds to motions and arguments from the defense.
• Represents the State in court appearance before judges and juries. Prepares witnesses. Prepares jury instructions and exhibits. Examines witnesses. Negotiates plea agreements with defense counsel or defendants unrepresented. Assists law enforcement officers with search warrants and subpoenas. Does legal research and prepares legal briefs, memoranda and other documents.
• Prepares legal documents for court. Negotiates with parties to resolve contested issues. Appears in court and handles regular court duties such as preparing witnesses, investigating evidence and witnesses, and preparing findings of fact, conclusions of law and preparing other arguments either orally or with written briefs.
• Handles all stages of child abuse and neglect cases on behalf of the Montana Department of Public Health and Human Services (DPHHS), including filing petitions for removal, acting as lead counsel at all hearings, prepping witnesses, assisting DPHHS with investigations, and consulting with DPHHS regarding child placement.
• Handles all stages of involuntary commitment cases, including authorizing emergency detentions, filing petitions for commitment, acting as lead counsel at all hearings, prepping witnesses, and consulting with certified professional persons regarding appropriate mental health treatment.
• May file guardianship/conservator actions for disabled, elderly, or minors for Adult Protect Services, in which case all stages of the case are handled. 
• Directs and supervises the work of legal interns within a specified subject matter.

Other Duties as Assigned 

• Performs a variety of other duties as assigned by the County Attorney, the Chief Criminal Deputy Attorney and the Special Crimes Chief.

This work requires knowledge of state and local statutes, rules, regulations and criminal procedures, and legal terminology and documents. The position also requires the ability to effectively communicate verbally and in writing; exercise courtesy and tact in receiving the public and in giving and obtaining information; and understand and maintain safeguards for sensitive and confidential information.

This position requires a degree from an accredited law school and an active membership in the State Bar of Montana.

Reporting/Working Relationships  

• This position is accountable for performing legal duties and services of the County Attorney’s Office; most procedures, approaches and operations fall within prescribed guidelines or processes.

• This position performs many duties and assignments independently; assignments require the employee to use agency policies and legal regulations and rules. The incumbent must determine levels of confidentiality associated with specific information to determine how to take care of problems and issues. There are policies and procedures covering most of the work assigned, and the incumbent must choose procedures or approaches from a number of available alternatives. 

• This position has substantial interaction with the public and those contacted throughout the workday. It is essential that this position project a professional "first impression" with the public. The position interacts with County departments and employees, members of the public, law enforcement, representatives from special interest groups and organizations in person and via telephone and e-mail on a daily basis. The nature of information exchanged is typically factual in nature and is for the purpose of explaining or clarifying correspondence, problems and concerns, and a wide variety of other business.

• This position does not directly supervise other County personnel. The position may provide guidance to new employees or those with less experience. 

Work Environment/Physical Demands 

• Work is primarily performed in a normal office environment, or a court room, involving physical demands associated with working on a computer, sitting for long hours, communicating over the phone and in person, ability to walk over to the Law and Justice Center, and light lifting (occasional lifting up to 50 pounds). This is a hybrid position with the option to work from home up to 2 days after the incumbent has worked at least 12 months, and unless it interferes with work duties as assigned.

Applicants for this position must possess a valid driver’s license and be insurable under the County’s liability policies.

To be considered, the following attachments must be uploaded to your online application:

• Cover letter

• Resume and three references

• Legal writing sample

Gallatin County does not discriminate against any applicant on the basis of race, color, religion, political ideas, sex, sexual orientation, gender identity or expression, age, marital status, national origin, physical or mental disability, or any other protected class status in violation of any applicable law.