Attorney III

JusticeWake County, NC

About The Position

The North Carolina Department of Justice, led by the Attorney General of North Carolina, represents the state, state agencies, and elected officials, and defends the rights of the people of North Carolina. The Department handles all state criminal appeals cases and assists district attorneys with complex criminal cases at their request. Additionally, the Department of Justice includes the North Carolina State Crime Lab, the North Carolina Justice Academy, and the Sheriffs’ and Criminal Justice Education and Training Standards Divisions. The Appellate and Post-Conviction Section of the Criminal Division of the North Carolina Department of Justice is to represent the State in criminal matters after a defendant’s trial is completed. This includes: (1) direct appeals of criminal convictions in any of the judicial districts of the State before the North Carolina Court of Appeals and the Supreme Court of North Carolina as well as state post-conviction petitions filed in the State Appellate Courts;(2) to research and prepare the State’s briefs and present oral argument in federal habeas corpus litigation in the federal district courts and the Fourth Circuit Court of Appeals; (3)the attorneys in the section handle the most difficult and complex criminal appeals and petitions, and therefore, because of their expertise, also serve as resources for all of the attorneys in the Department of Justice who handle occasional criminal appeals as part of their duties through the criminal brief rotation; (4) the section attorneys also represent the State of North Carolina in capital (death penalty) litigation, particularly at the state and federal post-conviction levels before the North Carolina Supreme Court, the Supreme Court of the United States, and the lower federal courts; (5) assist District Attorneys in all aspects of such state capital litigation, both at trial and in post-conviction proceedings; (6) act as liaison with Attorneys General and prosecutors on criminal law issues; (7) the section attorneys represent the State in non-capital state post-conviction petitions filed upon request of the District Attorneys and approval of the Criminal Bureau Chief; (8) the section also has the responsibility to defend against non-capital federal habeas corpus actions filed in federal courts by State prisoners seeking to overturn their North Carolina state court convictions, and thereby prevent expensive and time-consuming retrials or the premature release of criminals who cannot be retried.

Requirements

  • Licensed to practice law by the North Carolina State Bar and three years of progressively responsible professional legal experience.

Responsibilities

  • Research and prepare the State’s briefs and other appellate filings and present oral argument in difficult and complex criminal cases before the North Carolina Supreme Court and the North Carolina Court of Appeals.
  • Represent the State in federal habeas proceedings in the federal courts.
  • Assist and advise NCDOJ attorneys and NC prosecutors.
  • Complete all other duties and responsibilities of the Appellate and Post-Conviction Section.

Benefits

  • The State of North Carolina offers employer paid health insurance plus twelve paid holidays, generous vacation and sick leave accrual, dental, vision, and other insurance options, and retirement benefits.
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