Salary: $40,385.00 AnnuallyLocation : Wilkes-Barre, PAJob Type: Part-timeJob Number: 01464Department: Conflict CounselOpening Date: 04/03/2023DescriptionTHIS POSITION WILL REMAIN OPEN UNTIL FILLEDSummary: A Conflict Counsel Attorney (CCA) provides every aspect of legal representation to persons charged with a state crime or delinquent act and who, because of indigence, cannot obtain counsel to represent them. CCA attorneys may also be assigned to represent parties in family court matters.Duties of CCA include trials and court hearings, appeals in state court and Federal/State Habeas proceedings, post-conviction, witness representation and representation in other matters where representation is constitutionally required. Essential Duties and Responsibilities
- Provide effective representation to clients who are frequently illiterate, mentally ill or suffering from drug and alcohol addiction.
- Handles magisterial, trial and appellate court proceedings based upon levels of skill, knowledge and experience, as determined by the Chief Solicitor and/or First Assistant.
- Meets with clients when arrested and thereafter and obtains their history to make arguments to the court for release on bond and other matters. Maintain timely working relationship with clients in person, by phone and by mail throughout the course of the proceedings.
- Investigate alleged crime or offense by meeting with witnesses, police officers and reviewing the facts, as may be necessary. Meet with the client to discuss the appropriate action to be taken.
- Analyze strength of case, develop an understanding of the possible sentences; and at the client's wishes, meet with prosecutor to resolve the matter prior to trial.
- May engage the District Attorney's Office or Attorney General's Office in plea negotiations or may involve preparing the case for trial. Case preparation includes researching the law, preparing and filing appropriate motions and devising trial strategy.
- Perform as trial counsel by representing defendants during courtroom proceeding. Research case law, communicate with defendant to determine trial strategy such as cross-examination procedures, witness selection, jury selection, testimony decisions and opening and closing arguments.
- Act as negotiator between the defendant and the District Attorney's Office or Attorney General's Office to secure acquittals or reach agreements concerning sentence time which would be the most beneficial for the defendant and the Commonwealth.
- Act as a defense counsel at trial and continue to represent the client at the sentencing hearing if a guilty verdict is rendered at trial. If found guilty, the attorney must review trial transcript, research the law and draft post-sentence motions in order to preserve issues for appellate review, where requested or required.
- Represent defendants during other court proceedings. Prepare pre-trial motions such as Motions to Compel Discovery, Motions to Suppress Evidence, and Motions to Dismiss, which are required to be filed and a hearing set to ensure that they are carried out properly. Prepare post-trial and post-sentence matters such as motions to withdraw pleas, motions to reconsider sentence and post-conviction petitions.
- Keep abreast of developments in the law and attend training session to receive CLE credit or other training sessions to enhance his or her knowledge of the law as approved by the Chief Solicitor or First Assistant Solicitor.
- Maintain contact with Office of District Attorney, Office of Attorney General, social service agencies, correctional facilities staff, police, and the Coroner's Office. Maintain frequent contact with various agencies regarding the referral of clients for drug treatment, family counseling and other assistance.
- May be called to represent individuals at investigative proceedings such as line-ups, taking of blood urine, hair, and fingernail scraping samples. May be assigned to handle cases involving post-conviction or appellate relief.
- May concentrate in representing juveniles in juvenile delinquency proceedings. Works closely with social service agencies to ensure that children in the County receive the protections and care that is needed, subject to assignment by the Chief Solicitor or First Assistant Solicitor.
- May concentrate in representing clients in mental health proceedings in the local or state treatment units where clients may be confined and works closely with psychiatrists and other medical or treatment personnel, subject to assignment by the Chief Solicitor or First Assistant Solicitor.
- The position of CCA is a complex one that may give rise to the need to perform other essential duties or responsibilities as assigned by supervisors.
Supervisory Responsibilities: None.Certificates, Licenses, Registrations:
- Upon request by the Chief Solicitor or First Assistant Solicitor, any CCA or applicant for the position of CCA shall submit a certificate of good standing as provided in Pennsylvania Bar Admission Rule 201(d).
- No applicant for the position of CCA shall have any pending criminal charges filed against him or her, other than a minor traffic violation, in this or any other jurisdiction. No applicant shall have any pending disciplinary complaint or proceeding brought against him or her by the Disciplinary Board of the Supreme Court of Pennsylvania or the Disciplinary Board of any other jurisdiction.
- An applicant for the position of CCA is obligated to disclose at the time of submitting his or her application, any prior criminal charges and convictions, other than a minor traffic violation. The applicant shall further disclose as part of the application process the nature and results of any disciplinary complaints and proceedings brought against him or her by the Disciplinary Board of the Supreme Court of Pennsylvania, the Pennsylvania Supreme Court or the Disciplinary Board or highest court of any other jurisdiction.
- Applicants must possess a valid Pennsylvania Driver's license.
Required Knowledge, Skills and AbilitiesKnowledge of:1. Pennsylvania Criminal Law, Procedure and Evidence2. United States and Pennsylvania Constitutional Law and Principles3. Pennsylvania Rules of Appellate Procedure4. Pennsylvania Rules of Juvenile Procedure and Delinquency Act5. Pennsylvania Sentencing Guidelines and Rules6. Pennsylvania Mental Health Procedures Act7. Pennsylvania Rules of Professional Responsibility8. Luzerne County Rules of Criminal ProcedureSkills in:1. Analysis of cases and legal opinions2. Analysis of new legislation and its impact on client representation3. Using computer assisted legal research tools4. Using Microsoft Word, Outlook and case management systems5. Trial and/or Appellate practice6. Plea negotiationsAbility to:1. Write effectively2. Argue points of law and facts persuasively and zealously3. Coordinate work of others4. Commit to the service of public defenseMinimum QualificationsExcept as stated hereafter, a member of the Bar, in good standing, of the Commonwealth of Pennsylvania. In addition, a minimum of five years' experience in criminal defense work with felony-level trial experience and experience representing criminal Defendants charged with homicide is required. Pennsylvania Capital Case Certification under 234 Pa. Code 801 or eligibility therefore is preferred. The County of Luzerne is an EEO/ADA employer