Oversight Counsel - Criminal Appeals Unit, Private Counsel Division

Overview

The Committee for Public Counsel Services, the public defender agency for Massachusetts, is seeking applicants from experienced attorneys to fill two newly created positions in the Private Counsel Division’s Criminal Appeals Unit. These Post-Conviction Oversight Attorneys will provide support to, and oversight of, post-conviction panel members, evaluate, present, and respond to requests for screening counsel, and screen post-conviction cases as well as handle a small caseload of new trial motions and appeals.

The Private Counsel Division Criminal Appeals Unit (CAU) is expanding to strengthen its support and oversight for collateral attacks on convictions and to reduce case assignment backlogs. The CAU assigns attorneys to approximately 800 post-conviction cases yearly. These are cases in which an individual has been convicted of a crime after a trial or has pleaded guilty to a crime. The approximately 400 attorneys on the post-conviction panel, whom the unit oversees, litigate direct appeals and new trial motions and evaluate ("screen") cases after a direct appeal has concluded or after a guilty plea to determine whether there are meritorious grounds to bring a new trial motion.

We are seeking two experienced practitioners who will provide support and oversight to members of the post-conviction panel. These new positions will have two main areas of responsibility in addition to a small caseload of new trial motions and appeals. The Post-Conviction Oversight Attorneys will act as a resource for panel members pursuing post-conviction collateral attacks on convictions, act as co-counsel for panel members litigating post-conviction evidentiary hearings in the trial court, assist with trainings and moot arguments, and assist with client and attorney calls that come into the CAU.

They will also mentor new post-conviction panel members. The other main area of responsibility will be acting as part of a three-attorney team to review and respond to requests for screening counsel, who are attorneys who review collateral attacks on convictions. This will involve reviewing incoming correspondence and determining whether to assign screening counsel as well as communicating with the requestor, prior counsel, and the court.

The Post-Conviction Oversight Attorneys will conduct a preliminary review of case materials and obtain records and maintain and update electronic client and case records. The Post-Conviction Oversight, Support, and Screening Attorneys report to the Director of the Criminal Appeals Unit.

MINIMUM ENTRANCE REQUIREMENTS

• Must be eligible to practice law in this jurisdiction as a member of the Massachusetts Bar in good standing, or as an attorney in another jurisdiction who is eligible to engage in limited Massachusetts practice under Supreme Judicial Court Rule 3:04;
• Minimum of four years’ experience representing indigent criminal clients;
• Access to an automobile to travel to offices, courts, and training locations that are not easily accessible by public transportation; and
• Access to home internet sufficient to work remotely.

Qualifications/Skills

The following skills are preferable in a candidate:

• Preference will be given to candidates who have experience screening cases; handling post-conviction evidentiary hearings and with appellate writing experience;
• Jury trials and/or evidentiary hearings;
• Experience examining witnesses on direct and cross-examination;
• Working with investigators, expert witnesses and with forensic evidence issues;
• Commitment to working with a culturally diverse population and an understanding of the biases affecting our clients;
• Knowledge of criminal law and appellate practice and procedure in Massachusetts;
• Ability to communicate effectively and persuasively, orally and in writing;
• Excellent organizational, time management, and analytical skills; and
• Demonstrated commitment to the principle of zealous, client-centered advocacy in the representation of indigent persons.

An attorney interested in the position should submit a resume, writing sample of no more than fifteen pages which has not been substantially edited by anyone other…