ATTORNEY I/II/III/IV – PUBLIC DEFENDER’S OFFICE

Series Specifications/Deep Class

Job Specifications

Class Code: JG1/JG2/JG3/JG4 Analyst: SC, AM

Date Originated: 02/21 Date Revised: 12/25

COUNTY OF SANTA CRUZ

DEFINITION

Under general direction, performs a broad range of professional legal representation services for the Public Defender’s Office, involving the defense, preparation, and presentation of criminal and/or some civil cases before the court on behalf of the Public Defender; and performs other related work as required.

DISTINGUISHING CHARACTERISTICS

• Attorney I is the entry and first professional level. Incumbents gain experience related to court procedures, office policy and the application of laws and legal procedures in providing criminal/civil defense for clients and are assigned to routine cases under supervision and/or direction of a more experienced attorney while gaining criminal defense and trial experience. Incumbents may assist a more experienced attorney on routine cases.

• Attorney II is the second professional level. Incumbents are expected to independently manage a routine caseload and may be assigned on-going administrative responsibility for a functional area. 

• Attorney III is the third professional level. Incumbents under general supervision will provide legal counsel and representation to persons charged with more complex and/or difficult criminal cases. Incumbents may be assigned on-going administrative responsibility for a functional area. A Supervising Attorney assignment (deep class) may be assigned on a rotational basis.
• Attorney IV is the fully qualified journey level. Incumbents provide legal counsel and representation in the most complex and difficult criminal cases. Incumbents may be assigned on-going administrative responsibility for a functional area or rotate between a variety of special or supervisory assignments. A Senior Trial Attorney assignment (deep class) may be assigned on a rotational basis.

TYPICAL TASKS

ALL LEVELS:

• Prepares and defends criminal cases by presenting opening statements, interrogating and cross-examining witnesses, introducing evidence, making relevant objections, arguing points of law, and presenting closing arguments.
• Researches questions of law and evidence and applies statutory and decisional case law, along with such other legal treaties as may be required in preparation of cases for hearing in court.
• Attends other scheduled court hearings such as arraignments, pretrial hearings and motions, sentencings, and probation revocations.
• Prepares legal briefs, motions, memorandum of points and authorities, documents, and pleadings.
• Interviews victims, police officers, and witnesses
• Assembles, reviews, and prepares evidence for presentation in court.
• Negotiates the appropriate disposition of criminal cases without going to trial.
• Organizes facts and legal arguments and arrange witnesses in preparation for trial and other court proceedings.
• Determines nature of follow-up investigations needed for trial.
• Advises the public and law enforcement personnel on criminal matters.
• Negotiates case dispositions as defense counsel.
• Prepares opinions and other legal documents.
• Prepares and submits documents regarding application for probation, appeal of court findings, writs, and other legal documents on behalf of defendants.
• Conducts specialized legal research and prepares memoranda regarding the results of such research.
• Confers with prosecuting staff, probation authorities and court officials to discuss pleas, modification of charges, presentation and examination of documents and materials prior to trials.
• Acts as liaison between the work unit, related departments, and agencies on assigned cases.
• May be assigned to supervise, train and/or serve as lead worker over less experienced attorneys.
• Supervising Attorney Assignment (rotational deep class assignment for levels III and IV: Supervises a work unit of attorneys including: assigning and reviewing of cases; preparing performance evaluations; providing technical and administrative supervision, advice and training; developing new or improving existing systems and workflows to facilitate effective and efficient caseload management; negotiating, and/or approving settlement decisions; training attorney staff on substantive criminal law, trial skills, and trial strategy; acting as a liaison between the work unit and related departments and agencies on assigned cases; providing coverage for attorneys in unit as needed and maintaining an additional caseload as required. Litigate and negotiate complex and intricate civil and criminal cases.
• A Senior Trial Attorney Assignment (rotational deep class assignment for level IV): Litigate and negotiate the most complex and intricate civil and criminal cases or assignments, including special circumstance homicides and death penalty cases.

EMPLOYMENT STANDARDS

KNOWLEDGE OF:

Attorney I

Some knowledge of:

• Legal principles and their application.
• Legal research methods.
• Principles and practices of criminal law.
• Analyzing and applying legal principles, facts, evidence, and precedents to legal problems.
• Maintaining harmonious and cooperative relationships with fellow staff members, other personnel, and the public.

Attorney II

Working knowledge of all the above, plus the following:

• California Criminal law.
• Rules of the courts, procedures, and policies of the Public Defender’s Office.

Attorney III

Thorough knowledge of all the above.

Attorney IV

Thorough knowledge of all the above, plus the following:

• Principles of supervision and administrative practices.
• Significant independence in handling difficult and complex cases.

ABILITY TO:

 All Levels

• Analyze and apply legal principles and precedents to legal problems.
• Present statements of fact, law, and argument clearly and logically in written and oral form.
• Act as an effective trial advocate.
• Establish and maintain effective working relationships with those contacted during the course of their work.
• Adhere to ethical standards.

Attorney II/III/IV:

• Analyze and appraise a variety of legal documents and instruments.
• Provide technical and administrative supervision, advice, and training.
• Make case filing decisions.
• Negotiate settlement decisions.
• Administer a functional program area of the Public Defender’s Office which may be required for some positions.

Education and Experience:

Any combination of education and experience which would provide the required knowledge and abilities is qualifying unless otherwise specified. A typical way to obtain these knowledge and abilities would be:

• Attorney I: Graduation from law school. Incumbents are required to be members of the California State Bar, but need no experience practicing law and will work under the direction of a more experienced attorney.

• Attorney II: One year of experience as an attorney practicing criminal law. *

• Attorney III: Two years of experience as an attorney practicing criminal law. * 

• Attorney IV: Three years of experience as an attorney practicing criminal law. * 

* Experience in the practice of civil law may be substituted for criminal law for positions assigned to applicable divisions.

 SPECIAL REQUIREMENTS

• Membership in the California State Bar is required for all levels. (NOTE: For Attorney I, law school graduates who have taken the California Bar Exam and not yet received their results, may participate in a recruitment/examination process. Names of candidates who pass the County examination will be placed "inactive" on the eligible list until the County receives written confirmation of their passing the California State Bar Exam.)

Background Investigation: At a minimum, this process will include fingerprinting and is subject to additional background standards established by appointing authority.

Bargaining Unit: 61

EEOC Job Category: 02
Occupational Grouping: 32
Worker's Comp Code: 0053