Job Posted November 13, 2024
Sanders County Seeking Deputy County Attorney
Position Details
Position Title: Deputy County Attorney
County: Sanders County
Salary: $70,000 to $90,000 (dependent on experience and qualifications)
Closing Date: Open until filled.
Position Description
Department Overview
The County Attorney’s Office prosecutes all felony criminal offenses committed within Sanders County and misdemeanor offenses within Sanders County but outside the city limits of Thompson Falls, Plains, and Hot Springs. It represents the State of Montana in child abuse and child neglect cases, as well as juvenile court proceedings under the Youth Court Act. The County Attorney counsels the County Commissioners, all County departments, and other local governmental units and elected boards. The County Attorney’s Office also handles involuntary commitments for County residents who are “seriously mentally ill” and assists the state with involuntary commitments for those who are “seriously developmentally disabled.”
Work Unit Overview
This is a full-time Position. All county departments must maintain an open, customer-service-oriented environment, cooperate with other County departments and governmental entities, and keep accurate and timely records and information.
Job Summary
The Deputy County Attorney position works alongside the elected County Attorney. Together, they are responsible for prosecuting criminal and civil offenses, representing the County government in legal proceedings, and advising County officials on civil matters.
Essential Functions (Major Duties or Responsibilities)
These duties are the essential functions this list is not intended to cover or contain a complete listing of activities, duties or responsibilities that are required of the employee for this position. Duties, responsibilities and activities may change at any time with or without notice.
- Prosecutes criminal and civil cases in Justice Court and District Court.
- Reviews investigative reports and witness statements referred to the office from law enforcement officers.
- Exercises judgment in evaluating the strength of cases referred by law enforcement to determine what if any charges should be filed or whether to decline prosecution. Files criminal charges.
- Represents the County in various courtroom proceedings, including jury trials, bench trials, initial appearances, arraignments, omnibus hearings, motions hearings, summary judgment hearings, sentencing hearings, and other pre and post-trial hearings.
- Interviews and prepares witnesses, including victims of criminal offenses. Keeps victims updated on status of criminal prosecution.
- Conducts legal research and applies facts of individual cases to the laws, court decisions, statutes, ordinances, and other legal authorities to prepare opinions, briefs, and appeals.
- Represents the people of Montana before judges and juries. Manages all aspects of trial preparation beginning with case evaluation and charging decision to understanding discovery obligations, and drafting of jury instructions.
- Negotiates plea agreements with defense counsel and unrepresented defendants in a fair and unbiased manner.
- Assists law enforcement officers with search warrant applications and requests for investigative subpoenas.
- Prepares and prosecutes civil cases involving child abuse and neglect.
- Represents the State of Montana in Involuntary Commitment cases.
- Attends meetings with legal personnel, law enforcement personnel, and elected officials.
- Provides legal advice to the County Commissioners and other elected officials, department heads, managers, and other county staff after researching all relevant federal and state administrative, statutory, regulatory, and constitutional requirements and restrictions in order to make recommendations that enable county personnel to carry out their agency’s powers, duties, functions, and obligations with a high degree of competence to the citizens of Sanders County.
Non-Essential Functions
- Attend workshops, seminars, and educational sessions to maintain continuing legal education.
- Serve as a staff member on various committees to provide legal input and advice.
- Performs related work and other matters as required or directed.
Physical Demands and Working Conditions
The demands and conditions described here are representative of those the employee must meet to perform the essential functions of the job.
- Intermittent periods of standing, sitting, and walking.
- Required to reach with hands or arms, stoop, kneel, crouch, and some light occasional lifting in the file storage area for research purposes.
- Occasionally required to climb or balance.
- Occasionally required to lift up to 50 pounds.
- Working on a computer and communicating with others.
- Clarity of speech and hearing which permits the employee to communicate well with others.
- Work in an office and court facility environment with a moderate noise level; subject to frequent interruptions.
Supervision Exercised
The primary function of this job is not in a supervisory capacity.
Knowledge, Skills & Abilities
- Considerable knowledge of the concepts and theories of the legal profession and professional rules of responsibility, legal research and writing, trial procedure and technique, negotiating settlements and agreements, and proficiency in the communication of the English language, both in writing and orally.
- Considerable knowledge of laws of criminal procedure, rules of evidence, state criminal code, and state and federal case law.
- Considerable knowledge of jury and non-jury trial procedures.
- Basic knowledge of various civil areas of the law.
- Skill in the use of a personal computer (word-processing) and case management software.
- Ability to research, analyze and apply legal principles, facts, evidence, and precedent to legal problems; prepare, present and conduct cases of law in court; and present statements of law, fact, and argument clearly and logically in written and oral form.
- Ability to establish and maintain effective working relationships with diverse individuals and groups.
- Ability to achieve acceptable results in adverse and stressful situations.
Education & Experience
- This position requires education and experience equivalent to graduation from college and an accredited law school where a juris doctor degree was earned. Two years of progressively responsible experience in the practice of law, preferred; however, an equivalent combination of education, internship, experience, and training totaling 4 years may also satisfy this requirement.
- Applicants must be licensed to practice law in Montana, or eligible to become licensed.
Benefits
- Healthcare benefits for employee.
- Public Employee Retirement plan through the State.
- Paid vacation, sick leave, and holidays.
- Public Service Loan Forgiveness (PSLF) – Employment with the County may qualify you to receive student loan forgiveness under the PSLF.
Health &Safety Responsibility:
The safety and health responsibilities described herein are representative of those an employee will be responsible/accountable for while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
- Carry out work in a manner so as not to create a health and safety hazard to yourself or others; suggest ways to eliminating hazards.
- Assist in the reduction and controlling of accidents and illness producing conditions in work area by routinely conducting a visual inspection of the work area to identify unsafe work conditions and report time immediately to department supervisor.
- Advise co-workers when he/ she is participating in an unsafe work practice. Report any unsafe work practices immediately to supervisor.
- Report any incidents, near misses, injuries, or illnesses to immediate supervisor.
- Develop a personal concern for health and safety — for yourself and for others, particularly new employees.
- Read, understand, and comply with workplace health and safety policy, safe work practices and procedures.
- Co-operate with health and safety committee members and representatives.
- Should an injury occur during the course of the workday, report to your Supervisor and complete written Report of First Injury by the end of the work shift on the day injury occurs. Failure to complete and submit Report of First Injury that occurs during a work shift may result in progressive discipline being initiated.
Application Instructions
Please send resume and cover letter to Rich Wallace, Sanders County Human Resources Director, rwallace@sanderscounty.gov.
Questions?
Please direct questions to Rich Wallace, Sanders County Human Resources Director, rwallace@sanderscounty.gov., (406) 827-6947.