Office of the State Public Defender
JC-487536 - Capital Appellate Attorney
ATTORNEY III
$10,852.00 - $15,325.00 per Month
New to State candidates will be hired into the minimum salary of the classification or minimum of alternate range when applicable.
Final Filing Date: 3/2/2026
Job Description and Duties
If you are looking to join a collaborative team of attorneys who are passionate about providing high-quality post-conviction appellate representation in death penalty cases and improving indigent defense in California, consider taking on a new role as a Capital Appellate Attorney with the Office of the State Public Defender (OSPD)!
As a Capital Appellate Attorney, you will perform a wide variety of difficult legal work and provide high-quality and effective assistance of counsel to indigent persons. This includes:
Representing individuals, including those sentenced to death, in direct appeals and petitions for rehearing before the California Supreme Court as well as petitions for certiorari to the United States Supreme Court.
Representing individuals, including those sentenced to death, in related postconviction proceedings in the superior courts of California as well as the courts of appeal and undertaking significant roles in the development and presentation of complex factual and legal issues in the superior courts of California.
Preparing limited petitions for writ of habeas corpus and related pleadings before the Superior Court, Courts of Appeal and California Supreme Court and providing representation in all litigation following from any evidentiary hearings ordered in relation to such petitions.
This is a terrific opportunity for an experienced attorney who is passionate about post-conviction criminal defense. Knowledge and experience with the Racial Justice Act and some trial experience or experience litigating writs of habeas corpus is preferred.
Please take the short recruitment survey linked here:
You will find additional information about the job in the Duty Statement.
Working Conditions
OSDP has two regional offices located in Oakland and Sacramento.
The Oakland office is located downtown in a modern high-rise building near the 12th Street BART station, not to mention a variety of delicious restaurants.
The Sacramento office is located downtown in a modern high-rise building near SacRT Light Rail stations, Downtown Commons, and plenty of shopping.
Full-time telework is permitted for Attorney and Attorney III classifications who are California residents, consistent with State policy. Business travel reimbursements consider an employee’s designated Headquarters Location, primary residence. The policy may be subject to change by the California Department of Human Resources (CalHR). All commute expenses to the headquartered location will be the responsibility of the selected candidate.
Due to the nature of the position, appellate attorneys are sometimes required to work nights, weekends and other non-traditional schedules. Absent unusual circumstances, certain duties must be performed in person, such as oral arguments, moot courts, and visiting detention facilities. For this position, it will be the responsibility of the attorney, in coordination with their supervisor, to ensure that any remote work they perform complies with the ethical obligations of attorneys and court requirements.
Effective July 1, 2025, in response to the State budget deficit, the California Department of Human Resources (CalHR) implemented the Personal Leave Program 2025 (PLP 2025). Under PLP 2025, full-time employees receive 8 hours of PLP 2025 leave credits per month in exchange for a 4.62 percent reduction in pay. PLP 2025 is currently scheduled to remain in effect through October 31, 2026.
Desirable Qualifications
In addition to evaluating each candidate's relative ability, as demonstrated by quality and breadth of experience, the following factors will provide the basis for competitively evaluating each candidate:
Knowledge and experience with the Racial Justice Act and some trial experience or experience litigating writs of habeas corpus is preferred.
Knowledge and experience with appellate representation, especially capital representation, preferred.
Knowledge of legal principles and their application to criminal law and appellate proceedings.
Knowledge of the scope and character of California statutory law and provisions of the California Constitution and the United States Constitution.
Knowledge of legal research methods.
Experience performing research and investigation in criminal cases.
Knowledge of rules of evidence and conduct of proceedings in trial and appellate courts of California and the United States and the duties and powers of the State Public Defender.
Familiarity with representing incarcerated clients.
Experience with presenting statements of facts and law, as well as legal arguments clearly and logically in written and oral form.
Knowledge of computer programs such as WordPerfect, Microsoft Office, FileMaker Pro, and Adobe, and the ability to use such programs in an efficient and effective manner.
Ability to prepare, present, and handle legal cases.
Ability to analyze difficult and complex legal problems.
Ability to apply legal principles and precedents to particular sets of facts.
Ability to present statements of facts, law, and argument clearly and logically in written and oral form.
Ability to analyze transcripts and decisions.
Ability to handle difficult legal correspondence.
Ability to edit and provide feedback on other attorneys’ written work.
Ability to monitor developments in the law and consider their impact on the agency’s cases.
Ability to analyze situations accurately and adopt an effective course of action.
Ability to work in a team environment.
Ability to develop and maintain good working relations with all levels of staff.
Ability to maintain security and confidentiality of privileged information in compliance with applicable laws.
Familiarity with the impact of race on OSPD’s clients and on the criminal legal system as a whole.
Statement of Qualifications
Please provide detailed responses to the questions below; this can be in the form of a cover letter. Your response must be single-spaced, written in narrative form, and no longer than 2 pages. The SOQ also serves as documentation of each candidate's ability to present information clearly and concisely in writing.
Why do you want to work at the Office of the State Public Defender?
How does your experience or background contribute to your ability to litigate complex capital postconviction cases, including direct appeals and possibly Racial Justice Act habeas petitions?
Applicants who fail to submit an SOQ and Writing Sample will not be considered.
Attorney and Attorney III Examination
You must take and pass the Attorney or Attorney III examination to establish list eligibility:
Attorney III
Attorney
Attorney Leap
Please click the link in the Minimum Qualification section of this posting to determine which exam you should take based on your experience.
Special Requirements
The position(s) requires an Active membership in the California State Bar. You will be required to provide a copy of your license prior to being hired.
Application Instructions
Completed applications and all required documents must be received or postmarked by the Final Filing Date in order to be considered. Dates printed on Mobile Bar Codes, such as the Quick Response (QR) Codes available at the USPS, are not considered Postmark dates for the purpose of determining timely filing of an application.
Final Filing Date: 3/2/2026
Who May Apply
Individuals who are currently in the classification, eligible for lateral transfer, eligible for reinstatement, have list or LEAP eligibility, are in the process of obtaining list eligibility, or have SROA and/or Surplus eligibility (please attach your letter, if available). SROA and Surplus candidates are given priority; therefore, individuals with other eligibility may be considered in the event no SROA or Surplus candidates apply.
Applications will be screened and only the most qualified applicants will be selected to move forward in the selection process. Applicants must meet the Minimum Qualifications stated in the Classification Specification(s).
How To Apply
Complete Application Packages (including your Examination/Employment Application (STD 678) and applicable or required documents) must be submitted to apply for this Job Posting. Application Packages may be submitted electronically through your CalCareer Account at www.CalCareers.ca.gov. When submitting your application in hard copy, a completed copy of the Application Package listing must be included. If you choose to not apply electronically, a hard copy application package may be submitted through an alternative method listed below:
Address for Mailing Application Packages
You may submit your application and any applicable or required documents to:
Office of the State Public Defender
Human Resources
Attn: Human Recourses - TM
770 L Street, Suite 1000
Sacramento, CA 95814
Address for Drop-Off Application Packages
You may drop off your application and any applicable or required documents at:
Office of the State Public Defender
Human Resources
Human Recourses - TM
770 L Street, Suite 1000
Sacramento, CA 95814
08:00 AM - 05:00 PM
Required Application Package Documents
The following items are required to be submitted with your application. Applicants who do not submit the required items timely may not be considered for this job:
Current version of the State Examination/Employment Application STD Form 678 (when not applying electronically), or the Electronic State Employment Application through your Applicant Account at www.CalCareers.ca.gov. All Experience and Education relating to the Minimum Qualifications listed on the Classification Specification should be included to demonstrate how you meet the Minimum Qualifications for the position.
Resume is optional. It may be included, but is not required.
Statement of Qualifications - Please see the "Statement of Qualifications" section for instructions.
Other - Legal Writing Sample - Please submit a legal writing sample that includes a substantive legal analysis. Your legal writing sample should be no longer than 10 pages single-spaced or 20 pages double-spaced with 12pt. font.
Applicants requiring reasonable accommodations for the hiring interview process must request the necessary accommodations if scheduled for a hiring interview. The request should be made at the time of contact to schedule the interview. Questions regarding reasonable accommodations may be directed to the EEO contact listed on this job posting.
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