Luzerne County Council
Employment Status:
Teamsters ,
Full-Time Reports to:
Chief Public Defender, First Asst. Public Defender Summary:
An Assistant Public Defender (APD) provides every aspect of legal representation to persons charged with a state crime or delinquent act and who, because of indigence, cannot obtain counsel to represent them. Primary Duties and Responsibilities: Provide effective representation to clients who are frequently illiterate, mentally ill or suffering from drug and alcohol addiction. Handle magisterial, trial and appellate court proceedings based upon levels of skill, knowledge and experience, as determined by the Chief Public Defender and/or First Assistant. Meet with clients when arrested and thereafter, obtaining their history to make arguments to the court for release on bond and other matters. Maintain a timely working relationship with clients in person, by phone, and by mail throughout the course of the proceedings. Investigate alleged crime or offense by meeting with witnesses, police officers, and reviewing the facts, as necessary. Meet with the client to discuss the appropriate action to be taken. Analyze strength of case, develop an understanding of possible sentences; meet with the prosecutor to resolve the matter prior to trial, at the client’s wishes. Engage the District Attorney’s Office or Attorney General’s Office in plea negotiations or prepare the case for trial. Case preparation includes researching the law, preparing and filing appropriate motions, and devising trial strategy. Perform as trial counsel by representing defendants during courtroom proceedings. Research case law and communicate with the defendant to determine trial strategy such as cross-examination procedures, witness selection, jury selection, testimony decisions, and opening and closing arguments. Act as negotiator between the defendant and the District Attorney’s Office or Attorney General’s Office to secure acquittals or reach agreements concerning sentence time which would be the most beneficial for the defendant and the Commonwealth. Act as defense counsel at trial and continue to represent the client at the sentencing hearing if a guilty verdict is rendered at trial. If found guilty, review the trial transcript, research the law, and draft post-sentence motions to preserve issues for appellate review, where requested or required. Represent defendants during other court proceedings. Prepare pre-trial motions such as Motions to Compel Discovery, Motions to Suppress Evidence, and Motions to Dismiss, ensuring they are filed and a hearing set to carry them out properly. Prepare post-trial and post-sentence matters such as motions to withdraw pleas, motions to reconsider sentence, and post-conviction petitions. Keep abreast of developments in the law and attend training sessions to receive CLE credit or other training sessions to enhance knowledge of the law as approved by the Chief Public Defender. Maintain contact with the Office of District Attorney, Office of Attorney General, social service agencies, correctional facilities staff, police, and the Coroner’s Office. Maintain frequent contact with various agencies regarding the referral of clients for drug treatment, family counseling, and other assistance. May be called to represent individuals at investigative proceedings such as line-ups, taking of blood, urine, hair, and fingernail scraping samples. May be assigned to handle cases involving post-conviction or appellate relief. May concentrate on representing juveniles in juvenile delinquency proceedings. Work closely with social service agencies to ensure that children in the County receive the protections and care that is needed, subject to assignment by the Chief Public Defender. May concentrate on representing clients in mental health proceedings in local or state treatment units where clients may be confined and work closely with psychiatrists and other medical or treatment personnel, subject to assignment by the Chief Public Defender. Supervisory Responsibilities:
May direct staff on specific projects or cases but does not have direct supervisory responsibilities. Certificates, Licenses, Registrations:
Upon request by the Chief Public Defender, any assistant public defender or applicant for the position of assistant public defender shall submit a certificate of good standing as provided in Pennsylvania Bar Admission Rule 201(d). No applicant for the position of Assistant Public Defender shall have any pending criminal charges filed against him or her, other than a minor traffic violation, in this or any other jurisdiction. No applicant shall have any pending disciplinary complaint or proceeding brought against him or her by the Disciplinary Board of the Supreme Court of Pennsylvania or the Disciplinary Board of any other jurisdiction. An applicant for the position of Assistant Public Defender is obligated to disclose at the time of submitting his or her application, any prior criminal charges and convictions, other than a minor traffic violation. The applicant shall further disclose as part of the application process the nature and results of any disciplinary complaints and proceedings brought against him or her by the Disciplinary Board of the Supreme Court of Pennsylvania, the Pennsylvania Supreme Court, or the Disciplinary Board or highest court of any other jurisdiction. Applicants must also submit a detailed resume, writing sample, list of three professional references, and certificate of good standing. Annual Salary:
Starting salary of $60,500, with regular step increases in accordance with the Collective Bargaining Agreement. Generous PTO, health care, and pension benefits. Knowledge of:
Pennsylvania Criminal Law, Procedure, and Evidence United States and Pennsylvania Constitutional Law and Principles Pennsylvania Rules of Appellate Procedure Pennsylvania Rules of Juvenile Procedure and Delinquency Act Pennsylvania Sentencing Guidelines and Rules Pennsylvania Mental Health Procedures Act Pennsylvania Rules of Professional Responsibility Skills in:
Analysis of cases and legal opinions Analysis of new legislation and its impact on client representation Using computer-assisted legal research tools Using Microsoft Word, Outlook, and case management systems Trial and/or Appellate practice Plea negotiations Ability to:
Write effectively Argue points of law and facts persuasively and zealously Coordinate work of others Commit to the service of public defense Minimum Qualifications:
Except as stated hereafter, a member of the Bar, in good standing, of the Commonwealth of Pennsylvania. In addition, experience in criminal defense work is preferred but its absence is not disqualifying. In addition, 3L’s are encouraged to apply. However, failure to pass the next available bar exam shall be grounds for immediate termination. The County of Luzerne is an EEO/ADA employer.
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Teamsters ,
Full-Time Reports to:
Chief Public Defender, First Asst. Public Defender Summary:
An Assistant Public Defender (APD) provides every aspect of legal representation to persons charged with a state crime or delinquent act and who, because of indigence, cannot obtain counsel to represent them. Primary Duties and Responsibilities: Provide effective representation to clients who are frequently illiterate, mentally ill or suffering from drug and alcohol addiction. Handle magisterial, trial and appellate court proceedings based upon levels of skill, knowledge and experience, as determined by the Chief Public Defender and/or First Assistant. Meet with clients when arrested and thereafter, obtaining their history to make arguments to the court for release on bond and other matters. Maintain a timely working relationship with clients in person, by phone, and by mail throughout the course of the proceedings. Investigate alleged crime or offense by meeting with witnesses, police officers, and reviewing the facts, as necessary. Meet with the client to discuss the appropriate action to be taken. Analyze strength of case, develop an understanding of possible sentences; meet with the prosecutor to resolve the matter prior to trial, at the client’s wishes. Engage the District Attorney’s Office or Attorney General’s Office in plea negotiations or prepare the case for trial. Case preparation includes researching the law, preparing and filing appropriate motions, and devising trial strategy. Perform as trial counsel by representing defendants during courtroom proceedings. Research case law and communicate with the defendant to determine trial strategy such as cross-examination procedures, witness selection, jury selection, testimony decisions, and opening and closing arguments. Act as negotiator between the defendant and the District Attorney’s Office or Attorney General’s Office to secure acquittals or reach agreements concerning sentence time which would be the most beneficial for the defendant and the Commonwealth. Act as defense counsel at trial and continue to represent the client at the sentencing hearing if a guilty verdict is rendered at trial. If found guilty, review the trial transcript, research the law, and draft post-sentence motions to preserve issues for appellate review, where requested or required. Represent defendants during other court proceedings. Prepare pre-trial motions such as Motions to Compel Discovery, Motions to Suppress Evidence, and Motions to Dismiss, ensuring they are filed and a hearing set to carry them out properly. Prepare post-trial and post-sentence matters such as motions to withdraw pleas, motions to reconsider sentence, and post-conviction petitions. Keep abreast of developments in the law and attend training sessions to receive CLE credit or other training sessions to enhance knowledge of the law as approved by the Chief Public Defender. Maintain contact with the Office of District Attorney, Office of Attorney General, social service agencies, correctional facilities staff, police, and the Coroner’s Office. Maintain frequent contact with various agencies regarding the referral of clients for drug treatment, family counseling, and other assistance. May be called to represent individuals at investigative proceedings such as line-ups, taking of blood, urine, hair, and fingernail scraping samples. May be assigned to handle cases involving post-conviction or appellate relief. May concentrate on representing juveniles in juvenile delinquency proceedings. Work closely with social service agencies to ensure that children in the County receive the protections and care that is needed, subject to assignment by the Chief Public Defender. May concentrate on representing clients in mental health proceedings in local or state treatment units where clients may be confined and work closely with psychiatrists and other medical or treatment personnel, subject to assignment by the Chief Public Defender. Supervisory Responsibilities:
May direct staff on specific projects or cases but does not have direct supervisory responsibilities. Certificates, Licenses, Registrations:
Upon request by the Chief Public Defender, any assistant public defender or applicant for the position of assistant public defender shall submit a certificate of good standing as provided in Pennsylvania Bar Admission Rule 201(d). No applicant for the position of Assistant Public Defender shall have any pending criminal charges filed against him or her, other than a minor traffic violation, in this or any other jurisdiction. No applicant shall have any pending disciplinary complaint or proceeding brought against him or her by the Disciplinary Board of the Supreme Court of Pennsylvania or the Disciplinary Board of any other jurisdiction. An applicant for the position of Assistant Public Defender is obligated to disclose at the time of submitting his or her application, any prior criminal charges and convictions, other than a minor traffic violation. The applicant shall further disclose as part of the application process the nature and results of any disciplinary complaints and proceedings brought against him or her by the Disciplinary Board of the Supreme Court of Pennsylvania, the Pennsylvania Supreme Court, or the Disciplinary Board or highest court of any other jurisdiction. Applicants must also submit a detailed resume, writing sample, list of three professional references, and certificate of good standing. Annual Salary:
Starting salary of $60,500, with regular step increases in accordance with the Collective Bargaining Agreement. Generous PTO, health care, and pension benefits. Knowledge of:
Pennsylvania Criminal Law, Procedure, and Evidence United States and Pennsylvania Constitutional Law and Principles Pennsylvania Rules of Appellate Procedure Pennsylvania Rules of Juvenile Procedure and Delinquency Act Pennsylvania Sentencing Guidelines and Rules Pennsylvania Mental Health Procedures Act Pennsylvania Rules of Professional Responsibility Skills in:
Analysis of cases and legal opinions Analysis of new legislation and its impact on client representation Using computer-assisted legal research tools Using Microsoft Word, Outlook, and case management systems Trial and/or Appellate practice Plea negotiations Ability to:
Write effectively Argue points of law and facts persuasively and zealously Coordinate work of others Commit to the service of public defense Minimum Qualifications:
Except as stated hereafter, a member of the Bar, in good standing, of the Commonwealth of Pennsylvania. In addition, experience in criminal defense work is preferred but its absence is not disqualifying. In addition, 3L’s are encouraged to apply. However, failure to pass the next available bar exam shall be grounds for immediate termination. The County of Luzerne is an EEO/ADA employer.
#J-18808-Ljbffr