Assistant Public Defender - Appeals & Postconviction

The Office of the Ohio Public Defender (OPD) is seeking a dedicated attorney to serve as an Assistant Public Defender (APD) in the Appeals & Postconviction Department, Appellate Services Division. The Appeals & Postconviction Department provides representation in non-capital, post-trial cases. Assistant Public Defenders review cases for deprivations of statutory and constitutional rights and litigate those with arguable merit. We routinely practice in each of Ohio’s state appellate courts and have a well-developed practice in the Supreme Court of Ohio on behalf of indigent people who have been convicted of crimes. We may consult with trial counsel on particularly complex legal issues.

As an APD in the Appeals & Postconviction Department, you will provide representation in a wide range of proceedings occurring after a client has been convicted of one or more misdemeanor or felony crimes. You will work on a variety of postconviction issues, including inadequate pretrial investigations, misuse of forensic evidence, and other systemic problems related to race in the criminal justice system, criminalization of poverty, and criminal defense immigration consequences. You will work individually on cases as well as in a group setting on projects reviewing larger issues, and these group litigation projects will include both supervisors and attorneys with varying levels of experience.

The most common day-to-day work for the position relates to the following types of legal filings/cases:

· Direct Appeal: You generally act as sole counsel on direct appeal cases, but occasionally will work with co-counsel when appropriate. In pursuing an appeal, you will review the record of the case and all transcripts, meet with the client, conduct research and identify issues, draft the merit and reply briefs, and present oral arguments. You will also conduct merit reviews for cases that have potential merit for a discretionary appeal to the Ohio Supreme Court, may file jurisdictional memoranda in meritorious cases, and will pursue the appeal if the case is accepted.

· Post-Conviction: You are assigned to review the cases of individuals who have gone to trial, who may have claims that a violation of their constitutional rights occurred, which can be established by evidence outside of the trial record of the case. You may work with an investigator to identify, locate, and interview witnesses, and/or may secure affidavits from expert witnesses in support of a post-conviction petition. If the trial court grants an evidentiary hearing, you will participate in the hearing.

· Federal and State Writs and Other Forms of Relief: You review cases for arguable merit for a variety of writ filings, including state and federal habeas petitions, mandamus actions, and writs of procedendo, as well as other non-traditional filings including temporary restraining orders and injunctions.

· Motions: You provide representation on various motions, including new trial motions, motions for the correction of jail-time credit, motions to vacate post-release control and judicial sanctions, etc.

We are looking for zealous, creative attorneys who have a commitment to indigent defense and compassion for their clients. Successful candidates will also have strong analytical skills and are adept at legal research and persuasive writing. Further, excellent interpersonal skills, a desire to expand one’s legal knowledge and skills, and an ability to accept constructive feedback are valuable attributes.

The position requires travel throughout the state of Ohio to review court records, participate in court hearings and oral arguments, and visit clients who are incarcerated in the Ohio Department of Rehabilitation and Correction. The agency maintains a fleet of vehicles for you to reserve; use of a fleet vehicle requires evidence of valid driver’s license and personal auto insurance coverage.