Public Defender

Job Specifications

Class Code: JG9

Analyst: SC

Date Originated:	06/20
Date Revised:

SANTA CRUZ COUNTY DEFINITION

The Public Defender serves as chief counsel and advisor for any person who is not financially able to employ counsel and who is charged with an offense triable in the Santa Cruz County Superior Court. The Public Defender is responsible for the overall administration and management of the Public Defender’s operations, functions, program activities, staff, budget, and for participating in the preparation and defense of criminal and civil matters. The incumbent works independently  under administrative oversight from the Board of Supervisors, the County Administrative Officer or designee, and federal, state and county laws, regulations, and ordinances.

DISTINGUISHING CHARACTERISTICS

The office of the Public Defender is a single  class position exempt from civil service and appointed by the Board of Supervisors (per California Government Code Section 27702) and serves at their pleasure as the department head. The responsibilities of this position require comprehensive knowledge and expertise in legal defense counseling, criminal and related civil laws and procedures, a high level of initiative, independent judgment, discretion, as well as strong leadership skills to develop administer and direct the staff and departmental programs in cooperation with other County departments, criminal justice, and other agencies .

TYPICAL TASKS

Legal Responsibilities

• Upon order of the court or request of an eligible client, provides constitutional legal representation to persons accused of criminal offenses who are financially unable to employ private counsel; 
• Directs case preparation, trial work and legal research;
• Directs the assignment and review of staff attorneys' cases;
• Maintains ethical relationships with judges, prosecuting attorneys, law enforcement agencies, and other public and private agencies;
• Keep abreast of statutory revisions and court decisions affecting the public defender program and direct the attention of staff, the Courts, and the County Administrative Officer to relevant and material changes in the duties of the Office;
• Establish departmental policies and procedures to complement legal revisions affecting the execution of efficient legal services;
• Maintain awareness of new trends and developments in the field of law;
• Performs other related work as required.

Management Responsibilities

• Establishes and maintains appropriate administrative policies, services, controls, and reporting systems in the effective and efficient performance of office functions;
• Establishes and monitors policies and procedures for revenue recovery in the Office of the Public Defender;
• Explain, justify, and defend programs, policies, and activities;
• Respond to and resolve difficult and sensitive employee and citizen inquiries and complaints;
• Represent the Office of the Public Defender to other departments, elected officials, and outside agencies and coordinate assigned activities with those of other departments, outside agencies, and organizations as needed;
• Establishes and maintains data-driven goals, objectives and plans to carry out the functions of the Office;
• Organizes, coordinates, supervises, and directs the activities of the Office of the Public Defender;
• Appoints, trains, supervises, evaluates, and directs subordinates and professional staff;
• Recommends the annual office budget to the County Administrative Officer and participates in its presentation to the Board of Supervisors; 
• Directs maintenance of office fiscal and personnel records and performs related work;
• Speak before civic and professional organizations to provide information of the public defender program;
• Attend, participate, and provide leadership in professional group meetings.

EMPLOYMENT STANDARDS

Knowledge:

Thorough knowledge:

• Philosophy and practice of public defense in California;
• Duties, powers, limitations, and responsibilities of the Office of Public Defender;
• The laws of California and the Rules of Evidence as well as of the California and United States Constitutions;
• Trial practice including strategy, tactics and motions;
• Principles, methods, materials, and practices of legal research;
• Management techniques and skills applicable to a professional law office including revenue recovery;  
• Rules of Professional Conduct and other ethical codes, opinions, and case law;
• Written and oral communication (including language mechanics, syntax, and English composition);
• Principles and practices of personnel management, including supervision, counseling, discipline, evaluation, training and development, and separation.

Considerable knowledge:

• The development and administration of legal counseling and representation programs for persons qualifying for public defender services;
• Principles and practices of modern public fiscal management and budget administration and effective supervisory techniques;
• Principles and practices of office management, including equity frameworks, trauma-informed care, and data analysis;
• Public relations principles and techniques for inter-agency work with other government agencies.

Ability to:

• Plan, organize and direct the provision of legal services to eligible persons accused of criminal offenses, and establish and apply policies related to the public defense program;
• Coordinate, assign and review the work of subordinate professional and supportive personnel;
• Select, orient, train, supervise and evaluate subordinate departmental personnel;
• Effectively maintain work productivity within the office of the Public Defender through the supervision of subordinate professional staff;
• Research, analyze and apply legal principles, facts, evidence, and precedence to complex legal problems;
• Consistently prepare and present statements of law, fact, and argument clearly, logically, and persuasively in written and oral form, including the most complex legal matters;
• Establish and maintain effective working relationships with subordinate staff members, departmental representatives, county officials, members of advisory and policy-making bodies;
• Understand and accept differences in human behavior, and cultural and ethnic backgrounds.

EDUCATION AND EXPERIENCE

Any combination of training and experience, which would provide the required knowledge and abilities, is qualifying. A typical way to obtain these knowledge and abilities would be:

Graduation from a law school accredited by the American Bar Association with a Juris Doctorate degree.

AND

Ten years of increasingly responsible legal experience with emphasis upon the preparation and trial of felony cases including three years of experience in the supervision of attorneys. Incumbent must be a practicing attorney in all the courts of the State for at least the year preceding the date of appointment (per CA Government Code Section -27701) .

Budgetary and administrative experience is also highly desirable.

License: Current active membership in the California State Bar. Possession of a valid driver's license.

*Any license, certification, or registration required for this position shall be maintained (i.e. active and in good standing) at all times during employment with Santa Cruz County.  For continued employment with Santa Cruz County, you must maintain such license, certification, or registration to meet the minimum qualifications of this position.*

Special Requirements:
Fingerprinting and successful completion of a background investigation.


Bargaining Unit: 04
EEOC Category: 01
Occupational Grouping: 87
Workers’ Comp Code: 0053