Staff Attorney - Appeals & Post Conviction Unit

Description:

A Not-For-Profit Organization seeks to provide access to justice and due process to the most vulnerable individuals in the Western New York community through quality legal representation and assistance.

Definition: Under general direction, assists in investigating and filing post-conviction motions (CPL 440.10, 440.20, 440.30, 440.47) and performs a variety of appellate activities in criminal appeals on behalf of indigent appellants, as assigned by the courts, convicted in various counties in Western New York. When necessary, may be called upon to also respond to People's appeals or perfect appeals on behalf of parents seeking to appeal decisions of the Family Court; performs related duties as required.

Distinguishing Characteristics: This staff attorney position primarily involves post-conviction motions (CPL 440.10, 440.20, 440.30 440.47). The staff attorney is expected to investigate post-conviction cases, speak with witnesses, obtain necessary documentation for a possible motion, draft and research and motion, and, if appropriate, file and litigate the motion in the proper court. In the event that a motion is denied, the staff attorney must investigate to see if any collateral litigation is appropriate and file a leave application to the appropriate court. Should leave be granted following the denial, the staff attorney must file the appeal from the denial, perfect the appeal, and argue the case before the Appellate Division, Fourth Judicial Department. This position may also involve collateral litigation including, but not limited to CPLR Article 78 petitions, habeas corpus petitions, and 1983 proceedings.

The staff attorney may be called upon to handle direct appeals. Staff attorneys are responsible for handling every aspect of the appeals that are assigned to them, upon receipt of the file through the outcome of the case in the appellate court, and, as necessary, the outcome of any leave application filed with the Court of Appeals (the state's highest court). In the event that an application for leave is granted by the Court of Appeals, handling the appeal in the Court of Appeals. Staff Attorneys also investigate cases for potential post-conviction issues, and file such motions as are appropriate.

Examples of Duties:

1. Investigates post-conviction motions on behalf of clients.
2. Interviews witnesses and clients and obtains sworn statements where necessary.
3. Gathers documents necessary to investigate and support post-conviction motions.
4. Researches and locates appropriate case law to include in motions.
5. Files CPL 440.10, 440.20, 440.30, and 440.47 motions.
6. Argues post-conviction motions in court.
7. Responds to any opposition papers from the People.
8. Files applications for leave to appeal to the Appellate Division, Fourth Department, and the New York Court of Appeals.
9. Files any other collateral litigation where appropriate, including, but not limited to CPLR Article 78 petitions, habeas corpus petitions, and 1983 proceedings.
10. Reads transcripts of case.
11. Takes notes from transcripts and prepares a transcript summary for use in drafting appeal.
12. Discerns legal issues from the transcript and/or client questionnaire and necessary researching of law.
13. Researches possible legal issues; chooses appropriate issues for brief and discards issues that are nonmeritorious or less than meritorious, keeping in mind the obligation to provide "meaningful representation" as that term has been defined by the Court of Appeals.
14. Drafts the necessary briefs, including but not limited to appellant's principal and reply briefs in criminal and Family Court appeals. Where the Bureau represents the defendant on a People's appeal, drafts the responding brief.
15. Corresponds with the client, and where the client is incarcerated, either visits client at correctional facility or discusses case with client via confidential phone call with the facility. Out-of-custody consultation with some clients occurs as well.
16. Corresponds with the trial attorney, as necessary.
17. Where the Bureau represents the appellant, prepares stipulation to the record on appeal and submits to the relevant opposing parties; speaks with opposing counsel as necessary until an agreement on the contents of stipulation is reached.
18. Where the Bureau represents the appellant, gathers physical documents for appendix and submits to Appeals and Post-Conviction Unit legal assistant for numbering and copying.
19. Meets regularly with the Appeals and Post-Conviction Unit supervisor, in intervals determined by that supervisor, to discuss status of cases.
20. Keeps abreast of recent developments in criminal and Family law.
21. Disposes of a satisfactory number of cases per calendar year, the number to be determined by supervisor.
22. Performs other duties as assigned by Appeals and Post-Conviction Unit supervisor, including, but not limited to, participation in moot court sessions and arguing cases in court.

Employment Standards: Admitted to practice in New York State* and

1. Experience as an attorney in the practice of criminal or Family Court appeals preferred; or
2. A combination of training, education and experience that is equivalent to the above employment standard and that provides the required knowledge and abilities.
3. Computer proficiency, including, but not limited to, word processing skills and computerized legal research.
4. Reliable transportation and license to operate a motor vehicle in New York State.

Knowledge of: All statutory laws related to practicing criminal and Family law in New York State, including the Penal Law, Criminal Procedure Law, Corrections Law, and Judiciary Law and the Family Court Act; trial and appellate court procedures; legal research methods; rules of evidence; standard legal office practice and procedures; and ethical and professional rules of conduct.

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