Assistant Attorney General (Attorney IV) Capital and Collateral Litigation

Job Responsibilities

About Capital and Collateral Litigation

Performs under limited supervision professional legal work in preparing briefs, pleadings, and opinions and in representing assigned State agencies. Performs under general supervision professional legal work for the State, its subdivisions, and officials.

• Performs under general supervision professional legal work in preparing briefs, pleadings, opinions in representing the State, its subdivisions and officials. May be asked to prepare memos, provide research and/or participate in supporting murder litigation as needed. May also be asked to make instructional presentations. Primarily assigned to the Capital and Collateral Litigation Section which is tasked with the handling of all murder direct appeals primarily in the South Carolina appellate courts, and all federal habeas corpus litigation under both 28 U.S.C. §§ 2254 & 2241 involving various South Carolina crimes in the federal court system.
• Performs under general supervision professional legal work relating to capital litigation and murder appeals in the South Carolina appellate courts, including the reading of trial transcripts, research of legal issues, drafting of briefs, preparation of pleadings, and presentation of oral argument before the South Carolina appellate courts. Representation may also require admission and practice in the Supreme Court of the United States. This duty involves communication with trial counsel and appellate counsel, traveling to other locations to examine appropriate trial exhibits, coordination of appellate work with trial counsel, ordering of trial transcripts, and calendaring and scheduling of work to conform with the court dates. This duty involves complex death penalty litigation as well as murder appellate litigation.
• Performs under general supervision professional legal work relating to the post-conviction relief in primarily death penalty convictions, but also non-death penalty convictions as needed. Researches legal issues, prepares pleadings and responses to applications for post-conviction relief involving death penalty convictions, prepares returns, briefs, and oral arguments for appeals from the state court hearing. Makes required arrangements for transportation pertaining to witnesses and death row inmates. Represents the State in the Court of Common Pleas, South Carolina appellate courts on appeal, and Supreme Court of the United States.
• Performs under general supervision professional legal work relating to federal habeas corpus relief proceedings in the Federal District Court, Fourth Circuit Court of Appeals, and the Supreme Court of the United States. Researches legal issues, prepares pleadings and responses to petitions for federal habeas corpus relief, prepares motions and responses to filings and makes professional decisions on the handling of the case and appeal. Briefs issues before the United States Court of Appeals and completes oral arguments, if necessary. Makes required arrangements for transportation pertaining to witnesses or petitioners for purposes of court-ordered hearings. This job duty involves both death penalty matters as well as non-death penalty federal habeas corpus actions.
• Represents assigned State agencies as required by the South Carolina Attorney General. Communicates with and advises agencies, including travel to other locations for meetings or hearings.
• Performs related duties required and assigned by the Division Director and Chief of Staff, such as handling cases outside primary duty assignment.

• 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.

Minimum and Additional Requirements

Juris Doctorate Degree and ten or more years of practicing experience.

Necessary Requirements: Must be a member and in good standing with the South Carolina Bar. Must satisfy Rule 403 requirements.

Additional Requirements:

• Position may be required to travel overnight.
• Position may be required to travel and transport files.

Preferred Qualifications

• Knowledge of the laws of South Carolina.
• Knowledge of general case, statutory, and common law.
• Knowledge of judicial and quasi-judicial procedures and rules of guidance.
• Ability to interpret and apply laws in court decisions.
• Ability to analyze facts, evidence, and legal instruments.
• Ability to express conclusions and arguments clearly and logically.
• Ability to plan and direct a staff in legal activities.

Additional Comments

DRUG SCREENING, CREDIT CHECK, DELINQUENT TAX CHECK, SLED BACKGROUND CHECK, AND GRIEVANCE CHECK ARE REQUIRED.

THIS OFFICE IS AN EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION EMPLOYER.
EEOP Utilization Report available upon request.