Appellate Attorney
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 office includes the Solicitor General’s Office, Criminal Prosecution and Appellate Services, Civil Services and Consumer Protection. The functions within the office include defense of Montana’s laws as passed by the Legislature, constitutional challenges, determining legal sufficiency of ballot initiatives, prosecution of criminals, handling all phases of litigation from district court proceedings through appeal, and complex litigation of antitrust matters.
Job Overview\:
The Appellate Services Bureau represents the State of Montana in criminal cases that are appealed to the Montana Supreme Court. Appellate Services also handles appeals in dependency and neglect cases resulting in termination of parental rights and appeals in involuntary commitment proceedings. The Appellate Attorney is required to handle issues of statutory interpretation and constitutional analysis that have statewide significance. This requires the ability to meticulously review lower court records and transcripts, conduct legal research, and write persuasive briefs advocating for the State’s position. Appellate Services’ Attorneys are also responsible for conducting oral arguments in the Montana Supreme Court when the Court orders a case to be argued.
In addition, Appellate Services handles complex federal habeas corpus cases in the federal district court and the Ninth Circuit Court of Appeals. Federal habeas cases sometimes require depositions and evidentiary hearings. Handling federal habeas cases requires knowledge of procedural defenses that are unique to federal habeas litigation, and the ability to work effectively with voluminous case files that sometimes span decades. Federal habeas cases may involve an oral argument in the Ninth Circuit.
Attorneys within Appellate Services must have the skills to manage competing deadlines and work independently on their cases. Appellate attorneys collaborate with colleagues and with prosecutors around the State to determine the best strategy to advance the goals of the criminal justice system.
The preferred location for this position is in Helena, but other locations in MT may be considered.
This position is open until filled. First review of candidates will be on 10/8/2026.