Assistant Public Defender 2

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Job location
250 E. Broad St.
Columbus, OH 43215
United States
Organization information
Organization name: 
Office of Ohio Public Defender
Street address: 
250 E. Broad St.
City: 
Columbus
State: 
Ohio
ZIP: 
43215
Job type: 
Legal - Defender
Position Description: 

The Office of the Ohio Public Defender seeks a committed and compassionate individual for an Assistant Public Defender 2 (APD 2) position for the Death Penalty Department. The position will represent indigent clients in postconviction, direct appeal, federal habeas corpus, and clemency. A successful APD2 in the Death Penalty Department must exhibit a strong commitment to indigent defense, the capacity to work with clients facing the ultimate penalty, and the compassion to professionally interact with all segments of the criminal justice system, including defendants, victims or victims’ family members, investigators, law enforcement officers, prosecutors, judges, jurors, support staff members, medical professionals, and mental health professionals. They must have strong legal research and writing skills, the ability to write persuasively, and the ability to manage complex litigation. The successful candidate will also work collaboratively with the defense team, accept and give constructive feedback and criticism, and possess strong analytical and reasoning skills. The successful candidate will demonstrate the capacity to lead direct appeal and postconviction team representation to ensure compliance with best practices.

The essential duties include but are not limited to the following:

Direct Appeal – Lead a team to prosecute the direct appeal of trial cases wherein the trial court imposed a death sentence:

· Review the record of capital cases on direct appeal to identify, research, brief and argue to the Ohio Supreme Court constitutional, evidentiary, and other trial court errors.

· Argue mitigating evidence to inform the Ohio Supreme Court’s independent weighing of the aggravating circumstances against the mitigating factors in the case.

· Present argument in support of the brief and/or assist a more experienced team member in making the argument.

· Serve as lead counsel on direct appeal cases once properly certified.

· As lead counsel, direct the actions of other team members to ensure that the team’s representation meets best practices.

Postconviction – Lead a team to investigate the entire trial record and all matters outside the trial court record:

· Identify, research, plead, and argue constitutional violations in the trial court record that render the death-sentenced defendant’s conviction or sentence void or voidable under R.C. 2953.21 et seq.

· Review discovery materials, analyze fact patterns, direct the investigation of factual issues, and understand the legal implications of facts developed in postconviction investigations.

· Critically evaluate the performance of trial counsel to determine whether the client’s Sixth Amendment right to the effective assistance of counsel has been violated.

· Examine the evidentiary foundation for admission of any scientific, expert, or opinion testimony that was, or should have been, offered in evidence at trial.

· Investigate all possible claims for postconviction relief.

· Interview witnesses (including trial jurors); visit the crime scene; review, develop and present forensic, scientific, medical, social, psychological, and other evidence.

· Examine witness in court or make oral argument.

· Appear at trial court evidentiary hearings or oral argument.

· Appeal adverse trial court rulings to the District Courts of Appeal, the Ohio Supreme Court, and the Supreme Court of the United States.

· Represent the client’s interests in collateral state court litigation (public record requests, mandamus actions, etc.).

· As lead counsel, direct the actions of other team members to ensure that the team’s representation meets best practices.

Federal Habeas Corpus – Work as part of a team to identify, preserve, present and prosecute a writ of habeas corpus in the federal courts to protect a death-sentenced client’s right not to be deprived of life, liberty or property without due process of law.

· Habeas counsel perform all the tasks that state postconviction counsel perform.

· In addition, habeas counsel reviews the postconviction record to determine if postconviction counsel failed to provide effective assistance of postconviction counsel.

· Navigate complex legal concepts unique to habeas corpus, such as procedural default, cause and prejudice, and ADEPA.

· Appeal adverse rulings to the Circuit Court of Appeals and to the Supreme Court of the United States.

· Represent the client in collateral federal litigation (§ 1983 claims, FOIA requests, etc.)

Clemency – Work as part of a team to develop, document, and present mitigating information to the Adult Parole Authority (Parole Board) in support of a death-sentenced client’s pre-execution application for clemency:

· Interact extensively with the client, the client’s family, friends, support mechanisms, and others in the community with an interest in capital cases.

· Collaborate with a more experienced capital litigator, a fact investigator, and a mitigation specialist.

· Interact with media representatives.

PLEASE NOTE: A WRITING SAMPLE AND COVER LETTER MUST BE SUBMITTED WITH THIS APPLICATION. Your application will not be considered without a writing sample and cover letter.

About the Office of the Ohio Public Defender (OPD)

The OPD is the state agency responsible for providing legal representation and other services to people accused or convicted of a crime who cannot afford to hire an attorney.

OPD Mission: Advocating. Fighting. Helping.
OPD Vision: A Fair Justice System.
OPD Values: Compassion. Dignity. Equity. Integrity. Service. Community.

OPD Commitment to Diversity and Inclusion: Our commitment to inclusion is inseparable from our commitment to a fair justice system. We strive to ensure inclusive spaces and services for our staff, our clients and our diverse Ohio community. We recognize that we can best meet our public defense mission by recruiting and retaining a diverse workforce. Together, we commit to creating a culture of respect that enacts our values and supports success.

The Office of the Ohio Public Defender complies with federal and state disability laws and makes reasonable accommodations for applicants and employees with disabilities. If reasonable accommodation is needed to participate in the job application or interview process, to perform essential job functions, and/or to receive other benefits and privileges of employment, please contact Tamra Meister, ADA Coordinator, at 614-466-5394 or [email protected].

Follow OPD on Facebook and Twitter

Benefits of joining the State of Ohio team:

Extensive health benefits for all full- and part-time permanent employees
Guaranteed 10 paid state holidays every year and paid leave accrues each pay period
Choice of lunch and/or break schedules are available
At least a 14 percent employer contribution to your OPERS pension plan
Employee Tuition Reimbursement programs
Life insurance coverage for all permanent employees
See more at totalrewards.ohio.gov

Requirements: 

Admission to Ohio Bar pursuant to Section 4705.01; licensed to practice law for minimum of 3 years; 3 years criminal law experience; admission to practice law in federal courts, excluding United States Supreme Court.

Note: Temporary Certification for Practice in Legal Services, Public Defender, and Law School Programs may be accepted in lieu of License to practice law in State of Ohio pursuant to Gov. Bar R. IX of the Supreme Court of Ohio.

Notes: 
Equal Opportunity Employer
Salary range: 
$60,000
Submission deadline: 
Friday, February 28, 2020