Assistant Capital Public Defender
THE LOCATION OF THIS POSITION IS VARIABLE AND CAN BE DISCUSSED WITH THE APPLICANT. THE RPDO HAS OFFICES IN LUBBOCK, WICHITA FALLS, TERRELL, ANGLETON, SAN ANTONIO AND AUSTIN.
- Provides legal advice to clients. Interviews clients and witnesses to obtain information necessary for preparing a defense.
- Participates in plea negotiation with prosecutors regarding the pending case. Advises clients on plea offers, options, and potential for success at trial or other dispositions of cases.
- Directs the work of investigators, mitigation specialists and legal assistants in the preparation of a defense.
- Seeks from the Court any necessary funding for outside experts in the preparation of a defense.
- Performs legal research. Searches resources and studies legal records and documents to obtain information applicable to case issues under consideration.
- Obtains documents by subpoena and other discovery methods.
- Drafts briefs, motions, orders, subpoenas and other legal documents, as well as correspondence and reports.
- Identifies any affirmative or de facto defenses and tactical procedural choices for clients.
- Prepares cases for court and conducts hearings and trials related to pending cases.
- Provides narrative, descriptive entries in client files of opinions, impressions, and facts collected.
- Preserves any potential error for appellate points.
- Advises clients of the constitutional rights waived by pleading guilty and the potential direct and collateral consequences of a guilty plea. Advises non-citizen clients of the specific immigration consequences of criminal convictions.
- Selects juries, examines and cross-examines witnesses, drafts and argues jury instructions and argues cases to the jury.
- Staffs other cases assigned to the office with other attorneys and staff.
- Responds to telephone calls from non-clients, family members of clients and walk-in customers, including private attorneys seeking advice and counsel.
Assistant Capital Public Defender
||Regional Public Defender for Capital Cases
|Posting Start Date:
||QUALIFICATION REQUIREMENTS: J.D./LL.B. from an accredited law school AND meet the requirements of the Texas Code of Criminal Procedure Article 26.052b. Those qualifications are:
KNOWLEDGE, SKILLS, AND ABILITIES: Substantial knowledge and understanding of the relevant state, federal and international law, both procedural and substantive, governing capital cases. Skill in interviewing a variety of individuals and soliciting needed information to determine facts and circumstances, in developing effective defense strategies, in analyzing cases and applying legal principles, in presenting statements of law clearly and logically in written and verbal form, in presenting an effective defense in court, and in preparing clear, concise, accurate and effective legal, policy and procedural guidelines; skill in the management and conduct of complex negotiations and litigation; skill in legal research, analysis, and the drafting of litigation documents; skill in oral advocacy; skill in the use of expert witnesses and familiarity with common areas of forensic investigation, including fingerprints, ballistics, forensic pathology, and DNA evidence; skill in the investigation, preparation, and presentation of mitigating evidence; skill in the elements of trial advocacy, such as jury selection, cross-examination of witnesses, and opening and closing statements; skill in managing multiple projects simultaneously; skill in communicating effectively with diverse groups of individuals utilizing tact and diplomacy. Ability to handle highly stressful capital murder cases; ability to adjust to rapidly fluctuating situations; ability to operate a personal computer and basic office equipment; ability to establish and maintain effective working relationships with subordinates, co-workers, County employees, Department Heads, Elected/Appointed Officials, outside organizations, attorneys, the news media and the general public.
- be a member in good standing of the State Bar of Texas;
- exhibit proficiency and commitment to providing quality representation to defendants in death penalty cases;
- have trial experience in:
- the use of and challenge to mental health or forensic expert witnesses; and
- investigating and presenting mitigating evidence at the penalty phase of a death penalty trial;
- have at least five years experience in criminal law and during that time demonstrated that he or she has the required legal knowledge and skill necessary to provide representation in capital felonies and will apply that knowledge and skill with appropriate thoroughness and preparation;
- have tried to verdict as lead counsel a significant number of felony trials, including homicide trials and other trials for offenses punishable as first or second degree felonies or capital felonies, at least one of which was a homicide case; and
- have participated in continuing legal education courses or other training relating to criminal defense in death penalty cases.
PHYSICAL AND ENVIRONMENTAL REQUIREMENTS: Physical requirements include lifting/carrying 25 lbs. occasionally; visual acuity, speech and hearing; hand and eye coordination and manual dexterity necessary to operate computer keyboard and basic office equipment. Subject to sitting, standing, walking, reaching and handling to perform the essential functions.
||This listing expires on: 2/7/2021