Assistant Attorney General

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Assistant Attorney General
Duties: Conducts legal research, on a broad spectrum of legal and factual issues in felony criminal cases before state trial and appellate courts, with heavy emphasis on matters involving violent crime such as homicide and sexual offenses. Special emphasis on issues of criminal law and procedure. Locates statutes and case law and analyzes for applicability to legal issues presented. Evaluates investigative case files generated by local law enforcement and the Montana Division of Criminal Investigation and determines if felony prosecution is warranted. This task involves review of complex forensic data in order to determine if prosecution can be sustained on the evidence. Interviews witnesses before trial; collects or supervises the collection of information necessary for the conduct of litigation. Engages the services of the expert witnesses as needed with respect to forensic evidence or medical evidence with emphasis on psychiatric experts utilized in the prosecution of complex violent crime prosecutions. Engages in formal pretrial discovery, exercising discretion in determining when search warrants or investigative subpoenas are needed, and drafts and executes investigative subpoenas and search warrants. Analyzes legal and factual research to develop alternatives for case presentation and coordinates the conduct of cases to maintain consistency and organization of legal and factual case elements. Synthesizes legal materials and compose written briefs, pleadings and other documents. Exercises virtually complete discretion in determining the propriety of plea agreements and in negotiating such agreements to resolve complex felony cases prior to trial. Exercises virtually complete discretion in the prosecution of complex felony matters nearly all of which are tried before district court juries. Presents evidence, examines witnesses, argues objections and motions, and presents arguments to the court and juries. Prepares and submits jury instructions. Decides whether to appeal adverse lower court decisions, if allowed by Montana Law, or to initiate other legal proceedings based on analysis of applicable legal provisions and precedent, perceived chance of success, cost to the state, and alternatives to litigation. Analyzes resulting decisions for legal effect and impact on the interests of the state. Prepares and argues appeals in the Montana Supreme Court from cases tried by the lawyer in the lower court. Researches and prepares written briefs and presents oral arguments to Montana Supreme Court as needed. Serves as lead attorney on cases that are tried and supervise the investigative efforts of local law enforcement officers and Montana Division of Criminal Investigation in the preparation of cases for trial. Conducts training programs for local prosecutors on all types of criminal law and procedure issues. Provides advice and assistance to local prosecutors and other CPS attorneys on issues relating to every aspect of criminal law and procedure. Establishes and maintains working relationships with representatives of federal, state and local law enforcement agencies, state crime lab, local prosecutors, the courts and defense attorneys. This position may be subject to special assignment.

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