Assistant Conflict Counsel - Part-Time

Luzerne County Council; Wilkes-Barre (Luzerne County); On-site; USD 50,000 - 90,000; Full time

Job summary

An established industry player is seeking a dedicated Conflict Counsel Attorney to provide comprehensive legal representation for individuals unable to afford counsel. This role involves navigating complex legal proceedings, engaging in plea negotiations, and representing clients in court. The ideal candidate will have a strong background in criminal defense, particularly with felony-level trials, and a commitment to public defense. Join a team that values legal expertise and community service, making a significant impact in the lives of those in need of legal support.

Qualifications

• 5+ years of experience in criminal defense work required.
• Must be a member of the Pennsylvania Bar in good standing.

Responsibilities

• Provide legal representation for clients charged with state crimes.
• Engage in plea negotiations and prepare for trial.

Skills

Analysis of cases and legal opinions

Trial and/or Appellate practice

Plea negotiations

Using computer-assisted legal research tools

Writing effectively

Arguing points of law and facts persuasively

Education

Juris Doctor (JD)

Pennsylvania Bar Admission

Tools

Microsoft Word

Microsoft Outlook

Case management systems

Job description

THIS POSITION WILL REMAIN OPEN UNTIL FILLED

Summary: A Conflict Counsel Attorney (CCA) 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. CCA attorneys may also be assigned to represent parties in family court matters.

Duties of CCA include:

• 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 Solicitor 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 timely working relationships with clients in person, by phone, and by mail throughout the course of the proceedings.
• Investigate alleged crimes or offenses by meeting with witnesses, police officers, and reviewing the facts as may be necessary. Meet with the client to discuss the appropriate action to be taken.
• Analyze the strength of the case, develop an understanding of possible sentences, and at the client’s wishes, meet with the prosecutor to resolve the matter prior to trial.
• 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 a 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 most beneficial for the defendant and the Commonwealth.
• Act as a 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, which are required to be filed and a hearing set to ensure that they are carried 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 Solicitor or First Assistant Solicitor.
• 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 and 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 Solicitor or First Assistant Solicitor.
• 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 Solicitor or First Assistant Solicitor.
• The position of CCA is complex and may give rise to the need to perform other essential duties or responsibilities as assigned by supervisors.

Supervisory Responsibilities: None.

Certificates, Licenses, Registrations:

• Upon request by the Chief Solicitor or First Assistant Solicitor, any CCA or applicant for the position of CCA shall submit a certificate of good standing as provided in Pennsylvania Bar Admission Rule 201(d).
• No applicant for the position of CCA 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 CCA 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 possess a valid Pennsylvania Driver’s license.

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
• Luzerne County Rules of Criminal Procedure

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 the work of others
• Commit to the service of public defense

Except as stated hereafter, a member of the Bar, in good standing, of the Commonwealth of Pennsylvania. In addition, a minimum of five years’ experience in criminal defense work with felony-level trial experience and experience representing criminal Defendants charged with homicide is required. Pennsylvania Capital Case Certification under 234 Pa. Code § 801 or eligibility therefore is preferred.

The County of Luzerne is an EEO/ADA employer.