Appeals Attorney - MHLD Appeals

Committee for Public Counsel Services•Boston, MA

3d•Hybrid

About The Position

Overview The Committee for Public Counsel Services, the Massachusetts public defender agency, is seeking a full-time Appeals Attorney for its Mental Health Litigation Division Appeals Unit. The position may be located in any CPCS office depending on the needs of the selected candidate, the Appeals Unit, and the availability of office space. The position is eligible for a hybrid work schedule. We fight for equal justice and human dignity by supporting our clients in achieving their legal and life goals. We zealously advocate for the rights of individuals and promote just public policy to protect the rights of all. Our Values C ourage A ccountability R espect E xcellence DIVERSITY AND INCLUSION MISSION STATEMENT CPCS is committed to protecting the fundamental constitutional and human rights of our assigned clients through zealous advocacy, community-oriented defense, and the fullness of excellent legal representation. We are dedicated to building and maintaining strong professional relationships, while striving to accept, listen to and respect the diverse circumstances of each client, as we dedicate ourselves to meeting their individual needs. It is our CPCS mission to achieve these goals, and in furtherance thereof, we embrace and endorse diversity, equity and inclusion as our core values as we maintain a steadfast commitment to: (1) Ensure that CPCS management and staff members represent a broad range of human differences and experience; (2) Provide a work climate that is respectful and supports success; and (3) Promote the dignity and well-being of all staff members. CPCS leadership is responsible for ensuring equity, diversity, and inclusion. The ability to achieve these goals with any level of certainty is ultimately the responsibility of each member of the CPCS community. AGENCY OVERVIEW CPCS is the state agency in Massachusetts responsible for providing an attorney when the state or federal constitution or a state statute requires the appointment of an attorney for a person who cannot afford to retain one. The agency provides representation in criminal, delinquency, youthful offender, family regulation, guardianship, mental health, sexually dangerous person, and sex offender registry cases, as well as in appeals and post-conviction and post-judgment proceedings related to those matters. The clients we represent are diverse across every context imaginable and bring many unique cultural dimensions to the matters we address. This reality creates a critical need for CPCS staff to be culturally competent and able to work well with people of different races, ethnicities, genders and/or sexual orientation identities, abilities, and limited English proficiency, among other protected characteristics. OFFICE OVERVIEW The cases handled by the Mental Health Litigation Division (MHLD) include involuntary civil commitments, forced treatment and guardianships. Appeals Unit cases are primarily direct appeals in commitment and guardianship cases, but may also include motions for new trials, interlocutory appeals, and amicus briefs in selected cases. The Appeals Unit also provides consultation to staff and private panel attorneys around the state, and often assists the agency with system-wide issues and challenges. The Appeals Unit currently consists of a Director of Mental Health Appeals, an Oversight Counsel, and two case handling Appeals Attorneys. The Appeals Unit provides support and oversight of MHLD Appeals Panel Attorneys as well as directly representing clients in MHLD appeals. POSITION OVERVIEW The MHLD is seeking a full-time Appeals Attorney to provide direct representation of mental health clients at the appellate level. Appeals Unit cases are primarily direct appeals in commitment and guardianship cases, but may also include motions for new trials, interlocutory appeals, and amicus briefs in selected cases.

Requirements

Must be committed to serving a culturally diverse, low-income population and must be eligible to practice law in Massachusetts, either as a member of the Massachusetts bar, as a law school graduate under Supreme Judicial Court Rule 3:03, or as an attorney licensed in another jurisdiction who is covered by Supreme Judicial Court Rule 3:04
Candidates must have at least one year of experience as an attorney
Appeals Attorney positions require travel; access to reliable transportation throughout the state is necessary
Access to home internet sufficient to work remotely

Nice To Haves

At least three years of appellate experience is preferred
A demonstrated commitment to the principle of zealous advocacy in the representation of individuals involved in the mental health system
A demonstrated commitment to working with a culturally diverse population of individuals involved in the mental health system
Ability to work in a defense-oriented capacity, both independently and collaboratively
Very strong writing and oral advocacy skills

Responsibilities

Interviewing clients
Conducting legal research
Collecting and reviewing documentary evidence
Preparing appellants' and occasionally appellees' briefs, as well as reply briefs
Handling appeals in the Appellate Division, Appeals Court and the Supreme Judicial Court, including preparation for oral arguments via moot courts
Assisting other attorneys preparing for argument
Providing assistance to trial attorneys on issues related to appeals
Preparing case summaries of new mental health opinions
Assisting in training and development of practice aids for trial and appellate attorneys
Depending on experience level, may on occasion include editing assistance/mentoring of Mental Health Litigation Division staff Trial Attorneys who are representing clients on appeal
Drafting of amicus briefs
Other duties as assigned