Oversight Counsel - Criminal Appeals Unit, Private Counsel Division

Commonwealth of Massachusetts•Boston, MA

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. 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. 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.