Assistant Attorney General (Attorney II), Capital and Collateral Litigation

State of South Carolina•Richland County, SC

About The Position

The Assistant Attorney General performs professional legal work for the State of South Carolina, its subdivisions, officials, and assigned state agencies. The position is primarily assigned to the Capital and Collateral Litigation Section, which handles murder direct appeals—primarily in South Carolina appellate courts—and federal habeas corpus litigation involving South Carolina crimes under 28 U.S.C. §§ 2254 and 2241. The work is performed under general supervision, with some duties described as being performed under limited supervision. The role handles capital litigation and murder appeals in state appellate courts, including reviewing trial transcripts, researching legal issues, drafting briefs and pleadings, and presenting oral arguments. Representation may require admission to practice before the U.S. Supreme Court. Appellate work also involves communicating and coordinating with trial and appellate counsel, examining trial exhibits at other locations, ordering transcripts, and scheduling work around court dates. The position also handles post-conviction relief proceedings, primarily involving death-penalty convictions and, as needed, non-death-penalty convictions. Duties include researching legal issues; preparing pleadings, responses, returns, and briefs; presenting oral arguments; representing the State in the Court of Common Pleas and appellate courts; and arranging transportation for witnesses and death-row inmates. Federal habeas corpus work includes proceedings in federal district court, the Fourth Circuit Court of Appeals, and the U.S. Supreme Court. The attorney researches issues, prepares pleadings, petitions responses, motions, and other filings, makes professional decisions about case handling and appeals, briefs issues, and presents oral arguments when necessary. The work covers both death-penalty and non-death-penalty matters and may require arranging transportation for witnesses or petitioners for court-ordered hearings. The attorney represents assigned state agencies as required by the South Carolina Attorney General, advises and communicates with agencies, and may travel for meetings or hearings. Other duties may include supporting murder litigation through research, memoranda, or instructional presentations, as well as handling cases outside the primary assignment as directed by the Division Director and Chief of Staff.

Requirements

J.D. degree.
Three or more years of practice experience.
Active membership in good standing with the South Carolina Bar.
Must satisfy Rule 403 requirements.
Must be able to transport files to and from court.
Position requires overnight travel and occasional out-of-state travel.
Must undergo drug screening, credit check, delinquent tax check, SLED background check, and grievance check.

Nice To Haves

Well organized.
Able to work independently.

Responsibilities

Prepare briefs, pleadings, opinions, motions, responses, returns, and other legal filings for the State, its subdivisions, officials, and assigned agencies.
Represent the State in murder direct appeals and capital litigation in South Carolina appellate courts, including researching legal issues, reviewing trial transcripts, and presenting oral arguments.
Coordinate appellate work with trial and appellate counsel; communicate with counsel; examine trial exhibits at other locations; order transcripts; and schedule work to meet court dates.
Handle post-conviction relief proceedings, primarily involving death-penalty convictions and also non-death-penalty convictions as needed.
Represent the State in the Court of Common Pleas, South Carolina appellate courts, federal district court, the Fourth Circuit Court of Appeals, and, as required, the U.S. Supreme Court.
Handle federal habeas corpus proceedings under 28 U.S.C. §§ 2254 and 2241, including researching legal issues, preparing filings, making case-handling decisions, briefing appeals, and presenting oral arguments when necessary.
Arrange transportation for witnesses, death-row inmates, or petitioners when required for court proceedings or hearings.
Represent and advise assigned state agencies, including communicating with agency representatives and traveling to meetings or hearings.
Prepare memoranda, conduct research, or support murder litigation as needed, and make instructional presentations when requested.
Perform related duties or handle cases outside the primary assignment as directed by the Division Director and Chief of Staff.
Promptly notify the supervisor of issues, problems, or suggestions related to job duties.

Benefits

Public Service Loan Forgiveness eligibility.
Paid parental leave.
Health, dental, vision, long-term disability, and life insurance for employees, spouses, and children.
Fifteen days of annual (vacation) leave per year.
Fifteen days of sick leave per year.
Thirteen paid holidays.
State Retirement Plan and Deferred Compensation Programs.

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