I. POSITION IDENTIFICATION
Title: Deputy County Attorney
Work Unit: County Attorney’s Office
Supervisor: County Attorney
Current Classification:
Pay Grade: 20 pay scale ($76,103 - $96,614)
Exempt Permanent Full-Time Position
II. POSITION OVERVIEW
The Park County Attorney's Office serves as the public prosecutor for Park County and as legal counsel for Park County government. The Office is responsible for prosecuting criminal offenses, representing the State of Montana and Park County in legal proceedings, advising county officials and governmental entities, and performing all duties assigned to county attorneys under Montana law.
The successful candidate will work directly with the County Attorney handling a diverse caseload that may include felony and misdemeanor prosecutions, youth matters, abuse and neglect proceedings, involuntary commitments, civil litigation, legal research and writing, and advising county officials and departments on legal issues affecting county government operations.
This position provides meaningful courtroom experience, substantial responsibility, and the opportunity to make a direct impact on public safety and county operations.
All duties listed below are considered essential functions unless otherwise indicated. Duties are not intended to be all-inclusive and may be modified as organizational needs require. The Deputy County Attorney will be cross-trained in both civil and criminal responsibilities and may be assigned matters in either area at the discretion of the County Attorney.
III. ESSENTIAL RESPONSIBILITIES
Responsibilities include, but are not limited to:
Criminal Prosecution
A. Serve as the public prosecutor for Park County and represent the State of Montana in all criminal matters and proceedings within the County.
B. Conduct prosecutions for public offenses, including reviewing law enforcement investigations, evaluating evidence, determining appropriate charges, drafting complaints, informations, warrants, and other charging documents, and appearing in court for arraignments, motions, hearings, trials, sentencings, revocation proceedings, and appeals.
C. Institute criminal proceedings and assist law enforcement agencies and courts in matters involving the investigation and prosecution of criminal offenses.
D. Manage an active criminal caseload, including legal analysis, witness preparation, discovery, motion practice, plea negotiations, trial preparation, jury trials, and post-judgment proceedings.
E. Appear and advocate on behalf of the State in all phases of criminal litigation, including jury selection, opening statements, examination and cross-examination of witnesses, evidentiary hearings, closing arguments, and appellate proceedings.
F. Provide legal guidance and training to law enforcement agencies regarding criminal procedure, search and seizure, charging decisions, evidentiary issues, and emerging legal developments.
Civil Representation and County Counsel
G. Serve as legal counsel to Park County, the County Commission, county elected officials, county departments, boards, and other governmental entities as required by Montana law.
H. Attend meetings of the County Commission and other county boards and agencies when requested and provide legal advice regarding county operations, public meetings, public records, ordinances, resolutions, contracts, personnel matters, and other governmental functions.
I. Provide written and oral legal opinions to county, district, and township officers regarding matters relating to their official duties.
J. Act as legal counsel, when requested and as authorized by law, for fire districts, fire service areas, conservation districts, weed districts, county hospital boards, and other governmental entities.
K. Represent Park County and its officers, employees, boards, and agencies in civil litigation, administrative proceedings, and alternative dispute resolution proceedings.
L. Coordinate and manage outside counsel when authorized or directed by the County Attorney or County Commission.
Litigation and Legal Research
M. Conduct legal research and prepare motions, briefs, pleadings, legal opinions, ordinances, resolutions, contracts, leases, conveyances, and other legal documents.
N. Conduct depositions, interviews, witness examinations, factual investigations, and discovery in criminal, civil, and administrative matters.
O. Participate in mediations, settlement conferences, administrative hearings, and alternative dispute resolution proceedings.
P. Make recommendations to the County Attorney concerning litigation strategy, settlement, prosecution decisions, and case disposition.
Statutory County Attorney Functions
Q. Represent the State of Montana in matters and proceedings in which the State is a party or has a legal interest and perform duties assigned by the Montana Attorney General as authorized by law.
R. Prosecute actions on behalf of the State or County to recover debts, fines, penalties, forfeitures, and other monies owed to the State or County and pursue actions authorized by law to recover illegally expended public funds.
S. Perform duties required of a Montana County Attorney under Titles 7, 41, 46, 53, and other applicable provisions of the Montana Code Annotated.
Administrative and Professional Duties
T. Respond to urgent legal matters that arise outside normal business hours, including search warrants, emergency protective proceedings, abuse and neglect matters, involuntary commitments, and other time-sensitive legal issues.
U. Attend continuing legal education programs, conferences, workshops, and professional development activities necessary to maintain professional competence and licensure.
V. Perform administrative tasks and other duties as assigned by the County Attorney.
V. MINIMUM QUALIFICATIONS
Education
Juris Doctor (J.D.) degree from an accredited law school.
Licensure
Applicants must satisfy one of the following qualifications:
Be an active member in good standing of the Montana State Bar; or
Be an active member in good standing of the bar of another state, territory, or the District of Columbia and be eligible for admission to the Montana State Bar through:
Admission by Transfer of Uniform Bar Examination (UBE) Score; or
Admission on Motion under the Montana Supreme Court Rules for Admission to the Bar.
Candidates not yet admitted in Montana must demonstrate eligibility and be actively pursuing admission in accordance with the applicable Montana Supreme Court admission procedures at the time of hire. Continued employment is contingent upon obtaining Montana licensure within a timeframe approved by Park County.
Additional Requirements
- Possession of a valid driver's license or ability to obtain one within a reasonable period after employment.
- Ability to successfully complete background and reference checks.
V. PREFERRED QUALIFICATIONS
Two (2) or more years of legal experience.
Experience in criminal prosecution, litigation, judicial clerkships, government law, or related legal practice.
Trial, motion practice, and courtroom experience.
Experience advising governmental entities or public agencies.
Strong legal research, writing, and courtroom advocacy skills.
Ability to independently manage a substantial caseload.
Demonstrated commitment to public service and ethical legal practice.
VI. KNOWLEDGE, SKILLS, and ABILITIES
The ideal candidate will possess:
Knowledge of:
- Montana statutory and constitutional law.
- Criminal law, criminal procedure, and rules of evidence.
- Civil litigation and administrative law principles.
- County government operations and governmental decision-making processes.
- Legal research methodologies and legal writing techniques.
- Trial practice, advocacy, and negotiation.
Skills and Abilities:
- Strong written and oral advocacy skills.
- Ability to effectively analyze complex legal and factual issues.
- Ability to prepare and present cases in court.
- Ability to manage a high-volume caseload while meeting deadlines.
- Ability to communicate effectively with judges, attorneys, law enforcement officers, elected officials, county employees, victims, witnesses, and members of the public.
- Ability to exercise sound judgment, discretion, and professionalism.
- Ability to maintain confidentiality and safeguard confidential criminal justice information.
- Ability to establish and maintain positive and effective working relationships.
- Proficiency in Microsoft Office and legal research software.
VII. ACCOUNTABILITY
The Deputy County Attorney works with substantial independence under the general supervision of the County Attorney. The position requires the exercise of sound professional judgment, independent decision-making, attention to detail, and the ability to prioritize competing assignments while maintaining confidentiality and meeting deadlines.
VIII. CONFIDENTIALITY
This position routinely handles confidential, privileged, protected, and criminal justice information. The employee shall maintain the confidentiality of all information obtained through employment and shall comply with all applicable federal and state laws, court rules, county policies, and professional ethical obligations governing confidentiality and disclosure.
Violation of confidentiality requirements may result in disciplinary action, up to and including termination of employment.
The successful candidate must be eligible to obtain and maintain access to confidential criminal justice information systems.
IX. INDEPENDENCE OF ACTION
This position plans and carries out most assignments independently and requires a high degree of professional judgment, initiative, and discretion. Work objectives and priorities are established in consultation with the County Attorney.
X. PERSONAL CONTACTS
This position routinely interacts with:
- County Commissioners and other elected officials;
- County department heads and employees;
- Law enforcement agencies;
- Judges and court personnel;
- Criminal defendants, victims, and witnesses;
- Private attorneys and governmental agencies; and
The ability to maintain professional working relationships is essential.
XI. WORK ENVIRONMENT AND PHYSICAL DEMANDS
Work is performed in office, courtroom, meeting, and field settings.
Essential physical requirements include:
- Frequent computer and keyboard use.
- Extended periods of sitting, standing, walking, and driving.
- Occasional bending, stooping, kneeling, reaching, and lifting.
- Ability to lift and carry files, records, and materials weighing up to 20 pounds.
- Ability to review documents, electronic records, and computer screens for extended
periods.
- Ability to communicate effectively in person, by telephone, and in court proceedings.
- Ability to maintain concentration and attention to detail for extended periods.
- Exposure to stressful situations, contentious litigation, disturbing evidence, criminal
investigations, and sensitive subject matter.
Reasonable accommodations may be made for qualified individuals with disabilities.
The noise level in the work environment is generally moderate.
XII. DISCLAIMER
This position description is intended to describe the general nature and level of work performed by an employee assigned to this classification. It is not intended to be an exhaustive list of all duties, responsibilities, or qualifications. Park County reserves the right to modify, add, or remove duties and responsibilities as organizational needs require.
Applicants must be authorized to work for any employer in the U.S. We are unable to sponsor or take over sponsorship of employment visas.
