David Ness was raised in New Orleans and came to Montana in 1982 to attend Montana State University. He graduated from MSU with a degree in Industrial Arts in 1985. After college, he attended law school and graduated from the University of Montana School of Law in 1989.
Following law school, David clerked for the Montana Supreme Court for the Honorable Russell C. McDonough. After two years of clerking, he entered private practice, first with the Morrison Law Firm in Helena, and later as a solo practitioner in Missoula.
In the summer of 1998, David accepted employment with the Federal Defenders of Eastern Tennessee as an Assistant Federal Defender. While in Tennessee, he worked primarily as a trial lawyer and also argued a number of cases before the Sixth Circuit. In late 2000, he returned to Montana to work with the Federal Defenders of Montana, where he has worked for nearly 26 years and plans to retire this November.
During his legal career, David has concentrated on civil rights litigation — specifically cases filed under 42 U.S.C. § 1983 — and criminal defense. In his capacity as an Assistant Federal Defender, he has worked in all facets of criminal defense, trying cases ranging from misdemeanors to first-degree murder. He has also maintained an active appellate practice in both the Sixth and Ninth Circuits.
In addition to his trial and appellate work, David handles habeas work for his office, representing both federal and state prisoners in 28 U.S.C. §§ 2254 and 2255 litigation. In 2017, he received the Tony Moses Lawyer of the Year Award from the Montana Association of Criminal Defense Lawyers for his post-conviction work on “Johnson” cases (Johnson v. United States, 135 S. Ct. 2551 (2015), which held the residual clause in the Armed Career Criminal Act is void for vagueness), successfully securing resentencing for nearly 70 individuals.
He currently serves on the Ninth Circuit Amicus Committee, where members identify and draft amicus briefs on important issues of criminal law and procedure.
David was also honored, alongside Palmer Hoovestal, with the Montana Trial Lawyer of the Year Award in 1998 after successfully representing inmates who were physically and mentally abused following the 1991 prison riot at the Montana State Prison.
As for his personal life, David lives in Great Falls with his wife, Saret, and two dogs. His children are grown, with one living in Spokane, Washington, and the other in Dublin, Ireland.