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Division Overview:
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 State’s Attorney’s Office consists of Assistant Attorneys General and legal support staff that represent the State of Montana. The office includes the Solicitor General’s Office, Criminal Prosecution and Appellate Services, Civil Services and Consumer Protection. Additionally, the office provides legal expertise and litigation support to other state agencies. The functions within the office include defense of Montana’s laws as passed by the Legislature, and ballot initiatives passed by the voters; prosecution of criminals; litigation, from district court proceedings through appeal; and complex litigation of antitrust matters. Legal counsel and advice to state agencies is provided on a fee-for-service basis. Services typically include litigation, hearings officer services, and transactional work, and may relate to any legal matter regulated by the State of Montana.
Job Overview:
The Assistant Attorney General works in the Consumer Protection legal team (attorneys, paralegal, and compliance specialists/investigators) on multistate and Montana-based investigations and litigation involving (1) Unfair or Deceptive Acts or Practices (UDAP) of businesses and individuals; and (2) nonprofit and charitable trust oversight.
Working with the supervising attorney and legal team, the incumbent investigates, prosecutes, and handles appeals involving unfair or deceptive acts or practices, including anticompetitive conduct or antitrust violations. These UDAP and antitrust cases may involve independent litigation in state or federal court in Montana. On occasion, the incumbent will work closely with outside counsel on major litigation in the state and federal courts. The incumbent handles multistate investigations and litigation of UDAP and antitrust matters, requiring participation in National Association of Attorneys General (NAAG) working groups, regular conference calls, document review, discovery, preparation of Consent Judgements or Assurances of Voluntary Compliance, and occasionally serving on a multistate Executive Committee (EC) or leadership teams.
The incumbent is also responsible for nonprofit oversight, including compliance with the Montana Nonprofit Corporation Act, responsibility for Montana-based investigations, complaints, litigation and appeals, approval of nonprofit dissolutions, mergers and transfers of nonprofit assets, and application of the cy pres doctrine. Working with state and federal charity regulators, the incumbent participates in multistate investigations of and litigation involving nonprofits. The incumbent also oversees or monitors nonprofit foundations (such as the Montana Healthcare Foundation and Headwaters Foundation), ensures compliance with transaction requirements or covenants, and monitors and approves transfers of funds from the former nonprofits or wind-down companies to the Foundations. The incumbent also performs charitable trust oversight, including compliance with the Montana Uniform Trust Code and responsibility for approval of trust terminations and modifications.
The incumbent will on occasion be called upon to provide training and outreach regarding UDAP, antitrust, and nonprofit or charitable trust oversight.
This organization participates in E-Verify.
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 one year of hire. 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:
- At least two years of specialized law and litigation experience, preferably in consumer protection.
Special Instructions:
You are REQUIRED to attach a cover letter, résumé and a legal writing sample of 3000 words or less, from a document or portion thereof, prepared within the last three years at the time of application. In addition, please submit an essay up to 1500 words on the topic of the most fulfilling case that the applicant has been involved in with a description of the case and why it was fulfilling professionally and as far as personal growth.
The selection procedures to be used in evaluating the applicant's qualification may include, but are not limited to, an evaluation of the résumé and cover letter, 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 Check
- Driving History
