Job Description

Posting number: 59925

Department: Statewide Major Crimes Defender Unit

Division: Major Crimes Defender Unit

Job classification: Public Defender 5

Posting type: Open

Categories: Legal, Professional, Attorney, Criminology

Summary

The objective summary of this job classification is to provide professional legal services representing juvenile and adult indigent clients, handle highly complex appeals or serve as lead counsel for serious violent felony or appeals and other highly complex litigation cases.

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Our department offers flexible work opportunities, including teleworking (a.k.a. working from home) and work schedules outside the typical 8 am to 5 pm schedule. Applicants selected for a position are encouraged to discuss these options with the hiring manager early in the hiring process to ensure the specifics of any terms and conditions of an approved flexible work arrangement are clearly understood.

Examples of duties

Public Defender 5:

• Positions at this level handle all levels of criminal cases and legal matters including the most complex felonies, including high profile cases, such as capital cases.
• Can act with independence with little guidance.
• Has acquired sufficient knowledge and experience to handle an appellate caseload.
• Has knowledge and experience to prepare appellate briefs and argue cases before the Court of Appeals and for Supreme Court.
• Incumbents in positions at this level are recognized as an expert in one or more areas of criminal law.
• Positions at this level may also provide supervision from a lead work perspective to attorneys at lower levels and conduct in-house training for attorneys.
• Works independently and is able to recognize and resolve complex issues related to the caseload.
• Provide input to the performance review and development of attorneys at lower levels.
• Provides key input into the development of policies and procedures for the assigned organization unit and/or program.
• Trains, coordinates and advises less experienced public defender attorneys to include co-counseling.
• Conducts legal research/analysis of laws, precedents, legal issues, procedural rules, in preparation of cases.
• Reviews and investigates client cases to determine legal position and propose legal strategy.
• Prepares for litigation and appeal through initiation of legal documents, review of case information, obtaining evidence, conducting interviews, preparation of witnesses to testify.
• Researches changes in laws, legislation, rules court decisions, case precedents, to determine/ anticipate legal problems and propose resolutions.
• Drafts/reviews, proposes and prepares reports, memoranda in opposition, briefs, legal documents, motions, correspondence, and appeals for clients.
• Counsels and advises clients on cases such as pleadings, arraignments, trials, appeals.
• Represents the client in legal matters, such as motions, hearings, litigation and appeals.
• Explains, interprets and keeps client informed on changes in law, court decisions, legal issues and problems.
• Attends seminars, training classes and reviews current professional literature to maintain and develop professional skill and knowledge.
• Conducts plea bargaining with District Attorneys and other parties to establish agreements to resolve cases.
• Follows through on case by ensuring client release, client payments.
• Performs related work as required.
• Depending on location: may assist with (CLIP) program or coordinate volunteer/intern/extern programs.

Please note this job description is not designed to cover or contain a comprehensive listing of activities, duties or responsibilities that are required of the employee for this job. Duties, responsibilities and activities may change at any time with or without notice.

Note: An employee with this classification may be required to perform at a PD5 level or duties of a lower classification without additional compensation. Employee will be required to show competence in all levels PD2 through PD5.

Qualifications

Current license as an attorney issued by the New Mexico Supreme Court or eligible for limited license issued by New Mexico Supreme Court and four (4) years of criminal law experience as a practicing attorney.

Supplemental information

Must possess and maintain a valid driver's License.

Employment eligibility to work with the Law Offices of the Public Defender (LOPD) in the U.S. is required. We are not able to sponsor or take over sponsorship of an employment Visa.

Collective Bargaining: This position is covered by a collective bargaining agreement and all terms/conditions of that agreement apply and must be adhered to.

Default FLSA: Exempt: (including Managers/Supervisors, Executive, Administrative, Professional Exempt Status): In accordance with DOL FLSA and LOPD NMAC and LOPD’s Compensation Agreement that is signed upon hire during onboarding, classifications identified as Exempt may be compensated for all authorized hours worked over 80 hours in a pay period. These classifications are eligible for compensatory time (paid time off accrued) at an even (1:1) rate if they request to work extra hours in advance and get approval from their supervisor. These classifications are not eligible for cash payments for extra hours worked. Compensatory time may be paid-out upon leaving the department depending on budget availability.

Geographic Pay Differential: This position may qualify for Geographic Pay Differential. Please refer to the LOPD website, Geographic Differential, for more information.

The Law Offices of the Public Defender is an Equal Opportunity Employer and does not discriminate on the basis on race, color, ancestry, national origin, sex, age, spousal affiliation, sexual orientation, gender identity, veteran status, political affiliation or religion, mental or physical disability, or serious medical condition.

This job advertisement may be used to fill multiple vacancies

Preference may be given to multilingual applicants fluent in English and other languages.