Closing Date: 29th April, 2024
Description:
Who we are:The Oregon Public Defense Commission (OPDC) is a 13-member commission appointed by the Chief Justice of the Oregon Supreme Court based on input from all three branches of Government. The Commission serves as the governing body for Oregon's public defense system. The Commission provides policy direction and oversight for the administration of the system. The legal services provided by OPDC represent an essential component of Oregon's public safety system.
The mission of OPDC is to ensure constitutionally competent and effective legal representation for persons eligible for a public defender.
The office includes the Executive Division, the Appellate Division, the Trial Division, the Trial Development & Resources Division, and the Administrative Services Division. The agency negotiates contracts with trial level public defense providers and administers and distributes funds for representation and related services for cases during the biennium for criminal, juvenile, and civil commitment cases. The agency provides compliance and oversight to the trial community providers through quality assurance practices, training, and education. Financial Services processes all expenses related to representation in public defense cases. The Appellate Division provides direct legal representation in the state appellate courts in criminal cases, juvenile dependency and termination of parental rights cases, and parole cases. Other services in the agency include, Data Collection and Analysis, General Counsel, Human Resources, Information Technology Services, Internal Audit, and Policy Development.
In June 2023, the Oregon Legislature approved funding to establish a trial-level public defense program by hiring counsel and supporting staff, including paralegals, secretaries, and investigators, as state employees through OPDC. The program focuses in three geographic regions of the state to respond to the unrepresented defendant/persons crisis. OPDC is looking to hire three (3) Senior Deputy Defenders for a Central Valley Trial Division. The Location of these positions will be in Salem, OR and the office will serve defendants in the surrounding area.
Primary Purpose of this Position:
The Trial Division are Public Defenders who provide court appointed legal representation and advocacy to indigent clients who are charged with criminal offenses in the circuit courts in the State of Oregon. Public Defender attorneys are expected to represent clients from arraignment through filing of post-trial motions. There will also be occasional pre-indictment representations. Case types will include misdemeanors, lesser and major felonies, serious sexual offenses, murder prosecutions, and occasionally initial commitment proceedings. There is also an expectation that Public Defenders will act as informal mentors and advisers to other staff attorneys in the office as they gain experience.
Duties:
Interviewing and communicating with clients:
- Effectively communicate with clients and inform clients of the status of their cases at all stages of the case.
- Send client copies of redacted discovery and all significant filings, as appropriate. Protect confidential information and communications between clients and the office.
- Be available to the client, and if in custody, visit the client at the jail or correctional facility as needed.
Arraignment and release/preventative detention hearings advocacy:
- Vertical representation of clients is a priority.
- Attend the client's arraignment, if possible, and argue for release at the initial appearance and/or preventative detention.
Legal research and writing:
- Be able to assess and identify legal issues, including novel ones. Contain well-reasoned and analytical sound arguments based on the facts and the evidence, supported by accurate statements of relevant law, and applied to the circumstances.
- Understand and comply with regarding legal citations and formatting.
- Be familiar with and utilize legal research tools and software, including Westlaw, and legal resources, and be able to research the law, from administrative rules to constitutional provisions.
Preparing and arguing pretrial motions, affidavits, and legal memoranda:
- Review the legal briefs and memorandum in support of pretrial motions.
- Understand the strengths and weaknesses of both side of the motion and be prepared to persuasively argue the defense arguments and respond to the state's argument, with appropriate references to, and discussions, of the relevant facts and law.
Dispositional and/or sentencing advocacy and post-trial motions, excluding appeals:
Conduct mitigation investigation and understand the facts and relevant law as it relates to sentencing and alternatives to sentencing.
Jury and bench trials of criminal cases:
- Make appropriate decisions, in consultation with the client, regarding a jury or bench trial.
- At trial, be well-organized, clear, and concise, and meet or exceed the standards and guidelines for criminal defense representation.
Representation of clients in interlocutory/appellate proceedings:
If appropriate, defend against a state interlocutory appeal of a pretrial motion (i.e., motion to suppress evidence).
Minimum Qualifications:
Graduation from an accredited law school AND member of the Oregon State Bar AND;
Eight (8) years fulltime experience in criminal law practice, juvenile dependency practice, or civil commitment law, or equivalent experience And;
Valid Oregon Driver's license