Oversight Counsel - Criminal Appeals Unit, Private Counsel Division

Committee for Public Counsel Services•Boston, MA

13h

About The Position

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. 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. UNIT OVERVIEW The Private Counsel Division Criminal Appeals Unit (CAU) is expanding in an effort 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. POSITION OVERVIEW 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.

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
Access to home internet sufficient to work remotely

Nice To Haves

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
Demonstrated commitment to the principle of zealous, client-centered advocacy in the representation of indigent persons

Responsibilities

Reviewing Rule 30 filings
Mentoring post-conviction panel members
Reviewing screening reports and making recommendations
Reviewing and responding to requests for screening counsel
Working with unit staff to maintain and update client and case electronic records
Working with unit staff to post screening cases for assignment
Screening post-conviction cases and, if necessary, litigating new trial motions and appeals of the denials of new trial motions
Presenting screening and pre-screening cases at unit meetings
Acting as co-counsel with post-conviction panel members in post-conviction evidentiary hearings in the trial court
Assisting with trainings
Acting as unit attorney-on-call for client calls as assigned
Filing status reports in the Appeals Court
Acting as a resource for panel members with post-conviction collateral litigation questions
Assisting with Special Project Unit cases or litigation as needed
Other duties, as assigned