Tobacco 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 Tobacco Attorney is a part of the Office of Consumer Protection (OCP) and is responsible for diligently enforcing the 1998 Tobacco Master Tobacco Settlement Agreement (MSA), including investigations and prosecutions of Montana’s tobacco laws. (MCA §§ 16-11-401 to 16-11-512) The MSA requires tobacco companies to make payments to states in perpetuity, and prohibits tobacco companies from advertising to children, and from making false claims about the health effects of cigarettes. The MSA requires each state to diligently enforce certain tobacco laws. The MSA brings substantial funding to the State, in recent years between $27 and $33 million per year, continued receipt of which is, to a significant extent, dependent on tobacco law enforcement.

The Attorney represents the State of Montana in complex and routine civil litigation in state and federal courts, and in administrative forums. These cases are extremely diverse, and include, but are not limited to, the following\: the MSA, the Unfair Trade Practices and Consumer Protection Act of 1973, the False Claims Act, the unauthorized practice of law, and Montana statutes which affect non-profit corporations, and charitable trusts.

The Attorney participates in multi-state examination, investigation, and litigation enforcing the MSA and consumer protection laws through conference calls and working groups.

This position supervises the Tobacco Paralegal and reports to the OCP Bureau Chief.

Applications will be reviewed on a rolling basis. First review of applications November 2nd.