Job Description

Overview

The Mental Health Litigation Division (MHLD) of the Committee for Public Counsel Services (CPCS), is seeking a full-time Trial Attorney for civil commitment cases including trials and a limited number of appellate cases for its Worcester Office. This office is responsible for civil commitments filed by selected facilities in Worcester, Massachusetts.

We fight for equal justice and human dignity by supporting our clients in achieving their legal and life goals. We zealously advocate for the rights of individuals and promote just public policy to protect the rights of all.

Our Values

Courage • Accountability • Respect • Excellence

DIVERSITY AND INCLUSION MISSION STATEMENT

CPCS is committed to protecting the fundamental constitutional and human rights of our assigned clients through zealous advocacy, community-oriented defense, and the fullness of excellent legal representation. We are dedicated to building and maintaining strong professional relationships, while striving to accept, listen to and respect the diverse circumstances of each client, as we dedicate ourselves to meeting their individual needs. It is our CPCS mission to achieve these goals, and in furtherance thereof, we embrace and endorse diversity, equity and inclusion as our core values as we maintain a steadfast commitment to: (1) Ensure that CPCS management and staff members represent a broad range of human differences and experience; (2) Provide a work climate that is respectful and supports success; and (3) Promote the dignity and well-being of all staff members. CPCS leadership is responsible for ensuring equity, diversity, and inclusion. The ability to achieve these goals with any level of certainty is ultimately the responsibility of each member of the CPCS community.

AGENCY OVERVIEW

CPCS is the state agency in Massachusetts responsible for providing an attorney when the state or federal constitution or a state statute requires the appointment of an attorney for a person who cannot afford to retain one. The agency provides representation in criminal, delinquency, youthful offender, family regulation, guardianship, mental health, sexually dangerous person, and sex offender registry cases, as well as in appeals and post-conviction and post-judgment proceedings related to those matters.

The clients we represent are diverse across every context imaginable and bring many unique cultural dimensions to the matters we address. This reality creates a critical need for CPCS staff to be culturally competent and able to work well with people of different races, ethnicities, genders and/or sexual orientation identities, abilities, and limited English proficiency, among other protected characteristics.

DIVISION OVERVIEW

The Mental Health Litigation Division (MHLD) provides trial and appellate representation to indigent persons facing commitment to public or private psychiatric facilities, petitions for authorization to administer or terminate "extraordinary" medical treatment, and petitions seeking to impose guardianships, among other types of petitions in which mental health and capacity are at issue. In commitment proceedings, representation is provided either by MHLD staff attorneys or by private attorneys certified by MHLD to accept such assignments. Clients facing guardianship are primarily represented by private counsel.

The Division consists of an administrative office, which is responsible for certification, oversight, and training of panel attorneys, the assignment of commitment cases, and effective administration of the MHLD; an Appellate Unit that trains, certifies, and oversees appellate attorneys and represents individuals in appeals; and four trial offices that represent indigent clients facing involuntary commitment to both public and private psychiatric facilities throughout the Commonwealth and some guardianship proceedings.

The MHLD also trains, collaborates with and assists, youth and adult criminal defense attorneys, and Children and Family Law attorneys regarding mental health issues.

POSITION OVERVIEW

The Mental Health Litigation Division is seeking an experienced, full-time Trial Attorney for civil commitment cases, competency to make informed medical decisions, and substituted judgement determinations, including trials and a limited number of appellate cases for its Worcester Commitment Defense Unit. This office is responsible for civil commitments filed by Worcester Recovery Center & Hospital, St. Vincent Hospital, UMASS Psychiatric Treatment and Recovery Center, and UMASS 8-East Unit, and the Hospital for Behavioral Medicine.

The Mental Health Litigation Division is committed to protecting the legal and constitutional rights of citizens facing civil commitment to a psychiatric facility, guardianship petitions, and involuntary treatment orders including the administration of antipsychotic medications. Mental Health Litigation Division Trial Attorneys receive training on issues relating to mental health and the statutory and constitutional rights of

our clients.

Mental Health Litigation Division Trial Attorneys provide zealous representation in mental health cases, primarily to indigent persons in proceedings seeking commitment to, continued confinement at, or authorization to treat by psychiatric facilities operated by the Massachusetts Department of Corrections, Department of Mental Health (DMH) and private psychiatric facilities licensed by DMH. Attorneys will appear primarily in District Court sessions conducted at facilities for which the office is responsible or in Superior Court divisions within the county in which the facilities are located but may be required to represent clients in proceedings emanating from other facilities and conducted in other courts of the Commonwealth. Trial Attorneys may also represent clients in appeals to the Appellate Divisions of the District and Municipal Courts.

Trial Attorneys will be supervised by, and report to, the Attorney in Charge.

Qualifications

MINIMUM ENTRANCE REQUIREMENTS

• Applicants must be committed to serving a culturally diverse, low-income population and must be eligible to practice law in Massachusetts, either as a member of the Massachusetts bar or as an attorney licensed in another jurisdiction who is covered by Supreme Judicial Court Rule 3:04;
• All Trial Attorney positions require travel; access to reliable transportation throughout the Commonwealth is necessary; and,
• Access to home internet access sufficient to work remotely.

QUALIFICATIONS/SKILLS

• Foreign language skills to support interaction with limited English proficient groups in the region are desirable;
• Trial experience in mental health cases is preferred;
• Strong interpersonal and analytical skills; and,
• Ability to work in a community and defense-oriented capacity, both independently and collaboratively.

To apply, please submit a resume, a cover letter detailing your interest in the position, and a legal writing sample.

Responsibilities

RESPONSIBILITIES

Duties of MHLD Trial Attorneys include, but are not limited to:

• Visiting with and interviewing clients at the facilities;
• Conducting pre-trial investigation and discovery, including obtaining and reviewing facility and other medical and psychiatric records, and interviewing facility staff and other potential witnesses;
• Working extensively with forensic psychiatric, psychological and other clinicians;
• Locating and interviewing witnesses and consulting with service providers;
• Conducting legal research and writing; and,
• Representing clients in pretrial proceedings, hearings, trials, and interlocutory appeals.

EEO Statement

The Committee for Public Counsel Services (CPCS) is an equal opportunity employer and does not discriminate on the basis of race, color, national origin, ethnicity, sex, disability, religion, age, veteran or military status, genetic information, gender identity, or sexual orientation as required by Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and other applicable federal and state statutes and organizational policies. Applicants who have questions about equal employment opportunity or who need reasonable accommodations can contact the Chief Human Resources Officer, Sandra DeBow-Huang, at sdebow@publiccounsel.net