Prosecution 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 Prosecution Attorney is responsible for preparing and trying major criminal cases, individually and as part of a prosecution team, with heavy emphasis on cases of a high-profile nature involving violent crime. The Prosecution Services Bureau provides a broad range of professional legal services across the State, including prosecuting major cases, training and trial assistance, research and consultation to local, state and federal law enforcement agencies as authorized by the Attorney General and mandated by law.
Assigned Duties\:
Represents the State of Montana in complex criminal prosecutions across the state, including the presentation of witnesses, evidence, argument, motions practice, hearings and trials before District Court Judges and Juries. Conducts legal research and analysis on a broad spectrum of legal and factual issues in felony criminal cases before state trial and appellate courts with heavy emphasis on criminal law and procedure, and matters involving violent crime such as homicide and sexual offenses. Evaluates investigative case files generated by local law enforcement and the Montana Division of Criminal Investigation and determines if felony prosecution is warranted. Communicates with and prepares witnesses before trial; collects or supervises the collection of information necessary for the conduct of criminal prosecution. Engages the services of the expert witnesses as needed. 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 case circumstances to develop alternatives for trial presentation and coordinates the conduct of cases to maintain consistency and organization. Synthesizes legal materials and composes written briefs, pleadings and other documents. Exercises professional discretion in determining the propriety of plea agreements and in negotiating such agreements to resolve complex felony cases prior to trial. Exercises professional discretion in the prosecution of complex felony matters nearly all of which are tried before district court juries. Prepares and submits jury instructions. Analyzes appellate court decisions for legal effect and impact on the interests of the state. Serves as lead attorney on cases that are tried and supervises the investigative efforts of local law enforcement officers and Montana Division of Criminal Investigation in the preparation of cases for trial.
Other Legal Duties\: Conducts training programs for local prosecutors on all types of criminal law and procedure issues. Provides advice and assistance to local prosecutors 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, including but not limited to prosecuting Montana State Fund Fraud, or Fish, Wildlife, and Parks cases.
This position may also serve as a liaison between the Department of Justice and the Legislature regarding the reporting statewide data to the legislature.
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 11/2/2026.