Duties of Attorneys and Staff
DIVISION OF RESPONSIBILITIES
There are two Divisions in this Office: a Criminal Division; and a Civil Division. These Divisions are established with the understanding that the practice of law becomes increasingly specialized with each passing year. This specialization places a heavy burden on the Montana county attorney, who is responsible for giving sound and timely legal advice on an ever-expanding number of topics to a wide variety of elected officials, boards, entities, and law enforcement agencies. Through the approval of this Policy, the County Attorney recognizes the increasing need for specialized knowledge and skill in the representation of local government.
CRIMINAL DIVISION
The Criminal Division Deputies and their current responsibilities are as follows:
Todd Whipple, Chief Criminal Deputy. Assignment of all felony and misdemeanor cases; scheduling of appearances for all felony and misdemeanor matters; approval of all misdemeanor case negotiations; prosecution of felony and misdemeanor crimes; prosecution of bad checks; petitions involving abuse and neglect of children; handling requests for release of confidential criminal justice information; County Attorney designee to 911 Administrative Board;
Gary Balaz: Felony and Misdemeanor crimes; juvenile cases;
Ashley Harrington: Felony and Misdemeanor crimes; liason to the Detective/MRDTF morning meetings; County Attorney designee to the Gallatin County Safety and Accountability Audit Committee; petitions involving abuse and neglect of children as needed;
Eric Kitzmiller: Felony and Misdemeanor crimes; involuntary commitments; Treatment Court; juvenile cases; adult protective service cases;
Marty Lambert: Prosecution of felony and misdemeanor crimes; approval of all felony case negotiations; petitions involving abuse and neglect of children; administrative matters as needed;
Kate Dinwiddie: involuntary commitments; petitions involving abuse and neglect of children; adult protective service cases.
Charging standards. The criminal caseload of this Office continues to increase. For example, in calendar year 1999, 563 misdemeanor cases were opened; in 2000, 723; and in 2001, 733. Further, all criminal cases are not of equal strength or seriousness. There are insufficient police and prosecution resources in Gallatin County to handle each and every case in a like manner.
Due to this Office’s burgeoning caseload and the limited resources available to investigate and prosecute crimes, internal standards governing criminal cases must be adopted. The following standards now govern whether charges should or should not be filed; whether a case should or should not be negotiated; and, if negotiated, the extent to which the prosecutor should consider dismissal of charges or less punitive recommendations for sentencing in the case.
Crimes against persons: the investigation should reveal sufficient admissible evidence to ensure a reasonable probability of conviction at trial.
DUI-Felony or Misdemeanor: 1) the prosecutor reasonably believes the case has no significant search, seizure or arrest problems; and 2) the investigation should reveal sufficient admissible evidence to ensure a reasonable probability of conviction at trial.
Crimes against property: the investigation should reveal sufficient admissible evidence to ensure a high probability of conviction at trial. Offenses against public administration (Title 45, Chapter 7, MCA); offenses against public order (Title 45, Chapter 8, MCA); and traffic offenses other than DUI (Title 61, MCA); are to be governed by this standard.
Drug crimes (not including DUI): 1) the prosecutor reasonably believes the case has no significant search, seizure or arrest problems; and 2) the investigation should reveal sufficient admissible evidence to ensure a high probability of conviction at trial.
Other considerations: whether charging or negotiating a case, the prosecutor may also consider: the criminal record of the defendant or suspect; and the beliefs and desires of the victims, particularly in cases of crimes against persons.
Impermissible criteria. Charging and negotiation of criminal cases must not be based on any of the following characteristics of the defendant or suspect: religion; sex; race; creed; ethnicity; physical or mental disability; political beliefs. Exceptions to employment of the mental disability criteria may be made where defendants’ or suspects’ mental disabilities affect the formation of a culpable mental state.
Prioritization. Based in part on the standards set forth above, the County Attorney and Deputies handling cases in the Criminal Division will prioritize their time and effort as follows:
1. Felony crimes against persons;
2. Felony DUIs.
3. Misdemeanor crimes against persons;
4. Property crimes where the value or pecuniary loss exceeds $1,000, and felony crimes other than drug crimes;
5. Cases involving the sale or manufacture of dangerous drugs;
6. Misdemeanor DUIs;
7. Drug possession cases;
8. Property crimes where the value or pecuniary loss is less than $1,000;
9. Other misdemeanor offenses.
The Civil Division Deputies and their current responsibilities are as follows:
Chris Gray, Chief Civil Deputy: assignment of civil matters; contracts, procurements and agreements; County Commission, Department, Officer, Board and District business; resolutions; City-County Health Department; litigation of civil cases (including liason with insurance counsel); personnel issues;
Marty Lambert: litigation of civil cases (including liason with insurance counsel); Commission business; fire districts and fire service areas; schools; other responsibilites as assumed;
Kate Dinwiddie: planning, zoning and land use; roads; defense and prosecution of civil cases; Sheriff’s Office civil issues; other responsibilities as assigned.
SUPPORT STAFF
The Support Staff, and their current responsibilities, are as follows:
Criminal Division Administrative Assistant (Phyllis Johansen):
Responsibilities:
1. Primarily responsible for administration of all criminal files and assisting criminal division attorneys.
2. Responsible for public contact including, but not limited to, all contacts regarding criminal cases.
3. Responsible for processing of administrative matters including, but not limited to, budget, purchase orders and office supplies.
Civil Division Administrative Assistant (Helen Baldwin):
Responsibilities:
1. Primarily responsible for administration of civil files and assisting civil division attorneys.
2. Primarily responsible for misdemeanor criminal case administration including, but not limited to, law enforcement contacts regarding active or closed misdemeanor cases, case compilation and discovery.
General Administrative Assistant (Libby Sylvis):
Responsibilities:
1. Primarily responsible for administration of files pertaining to involuntary commitments, juvenile cases, and petitions involving abused or neglected children.
2. Primarily responsible for the administration of the Bad Check Program including the receipt and input of monies relating to bad check prosecution.
3. Responsible for preparing felony case discovery.
4. Responsible for handling requests to release confidential criminal justice information and handling the sealing of orders deferring imposition of sentence.
VICTIM/WITNESS STAFF
The Victim/Witness staff circulated a Protocol for final approval by City and County Officials who rely on the Victim/Witness office or who share responsibility for its budget. Upon receiving all of the needed signatures that Protocol will govern the Victim/Witness staff and will be incorporated herein by reference.