Attorney IV

State of North Carolina; North Carolina; On-site; USD 97,000 - 116,000; Full time

Job summary

The State of North Carolina Department of Justice, DOJ Legal Services, seeks an Attorney IV (NS) to handle capital direct appeals and post-conviction matters across North Carolina and federal courts.

The role involves drafting briefs, presenting oral argument before the North Carolina Supreme Court, and assisting District Attorneys with complex capital litigation. This is a time-limited position, up to 36 months, with benefits and travel as needed.

Qualifications

• Licensed to practice law by the North Carolina State Bar.
• Four years of progressively responsible professional legal experience.

Responsibilities

• Direct Capital Appeals: represent the State in direct appeals and related proceedings in NC appellate courts.
• State Post-Conviction Litigation: handle motions for appropriate relief and collateral challenges at superior and appellate levels.
• Federal Habeas Corpus Litigation: participate in federal proceedings, briefs, and oral arguments as needed.

Skills

Criminal litigation experience

Education

Licensed to practice law (NC State Bar)

Job description

Agency

Dept of Justice

Division

DOJ Legal Services

Job Classification Title

Attorney IV (NS)

Position Number

65044561

Grade

LG09

About Us

The North Carolina Department of Justice, led by the Attorney General of North Carolina, represents the state, state agencies, and elected officials, and defends the rights of the people of North Carolina. The Department handles all state criminal appeals cases and assists district attorneys with complex criminal cases at their request. Additionally, the Department of Justice includes the North Carolina State Crime Lab, the North Carolina Justice Academy, and the Sheriffs’ and Criminal Justice Education and Training Standards Divisions.

Description of Work

Recruitment Range: $96,513 - $115,937

NOTE: This is a time-limited position, subject to funding availability, which may last up to 36 months (3 years). Time limited employees are eligible for State Benefits. If you have questions concerning the time-limited status of this position, you may inquire if selected for an interview.

IMPORTANT NOTE: This posting closes at 11:59:59 PM the night BEFORE the End Date listed.

The primary purpose of this position is: 1) to handle capital direct appeals and post-conviction and represent the State of North Carolina in capital cases in various North Carolina trial courts across the state, in the North Carolina Supreme Court and federal district courts, United States Court of Appeals for the Fourth Circuit and United States Supreme Court; 2) research and prepare the State’s briefs and present oral argument in capital cases before the North Carolina Supreme Court; 3) to assist local District Attorneys in handling capital post-conviction cases by handling the investigation, briefing and hearing of complex post-conviction capital litigation (Motions for Appropriate Relief) at the Superior Court level; 4) receive and handle written or oral communications directed to the Office of the Attorney General from other states and the general public relating to capital punishment in the State of North Carolina.

The Attorney IV position shall handle some of these following responsibilities:

1. Direct Capital Appeals. Represent the State in all direct appeals from judgments imposing a sentence of death, including the preparation of briefs, presentation of oral argument, responses to petitions or other relief, and all related proceedings before the appellate courts of North Carolina.
2. State Post-Conviction Litigation. Represent the State in all post-conviction proceedings involving a capital conviction or sentence, including motions for appropriate relief and other collateral challenges litigated in the superior courts, petitions and appeals arising from those proceedings in the North Carolina appellate courts, and petitions for certiorari or other review in any other courts. Section attorneys will handle evidentiary hearings and factual development necessary to defend capital convictions and sentences and will retain responsibility for the case throughout any proceedings.
3. Federal Habeas Corpus Litigation. Represent the State in all federal habeas corpus proceedings challenging North Carolina capital convictions or death sentences, including proceedings under 28 U.S.C. § 2254 in the United States District Courts for the Eastern, Middle, and Western Districts of North Carolina; evidentiary hearings and other district‑court proceedings; applications for certificates of appealability; briefing and oral argument before the United States Court of Appeals for the Fourth Circuit; petitions for rehearing or rehearing en banc; and petitions for writs of certiorari and merits proceedings before the Supreme Court of the United States.

Some travel, including some occasional overnight stays are required

The primary purpose of the Capital Litigation Section is to provide specialized, statewide representation of the State of North Carolina in all appellate and post-conviction litigation arising from cases in which a sentence of death has been imposed, and to provide advice and assistance to District Attorneys in capital prosecutions. The Section serves as the State’s principal repository of expertise in capital litigation and is responsible for ensuring consistent, experienced, and effective representation of the State throughout the lengthy and complex process of review applicable to capital cases.

Knowledge Skills and Abilities/Management Preferences

• Criminal litigation experience.

Minimum Education and Experience

Some state job postings say you can qualify by an “equivalent combination of education and experience.” If that language appears below, then you may qualify through EITHER years of education OR years of directly related experience, OR a combination of both. See the Education and Experience Equivalency Guide for details.

Licensed to practice law by the North Carolina State Bar and four years of progressively responsible professional legal experience. NOTE: GS 114-2 and 114-6 make it the duty of the Attorney General of NC to represent the State of North Carolina in all litigation unless another statute specifically states otherwise.

The North Carolina Department of Justice, includes the North Carolina State Crime Lab, the North Carolina Justice Academy, and the Sheriffs’ and Criminal Justice Education and Training Standards Divisions.

The State of North Carolina offers employer paid health insurance plus twelve paid holidays, generous vacation and sick leave accrual, dental, vision, and other insurance options, and retirement benefits. You can view our benefits information at Employee Benefits.

EEO Statement

The State of North Carolina is an Equal Employment Opportunity Employer and dedicated to providing employees with a work environment free from all forms of unlawful employment discrimination, harassment, or retaliation. The state provides reasonable accommodation to employees and applicants with disabilities; known limitations related to pregnancy, childbirth, or related medical conditions; and for religious beliefs, observances, and practices.