Assistant District Attorney - Appellate Unit

ABOUT THE OFFICE:

The Northwestern District Attorney’s Office (NWDAO) serves the people of Hampshire and Franklin counties and the town of Athol. In partnership with the communities it serves, the NWDAO is dedicated to the pursuit of truth, justice, and the protection of the public through fair and effective prosecutions and progressive prevention initiatives. Although the primary responsibility of the Office is prosecuting crime, we also have a strong focus on progressive education and prevention efforts in the areas of domestic & sexual violence, child abuse, juvenile justice, elders and persons with disabilities, and consumer protection. We are the law office of the People and are steadfast guardians of the rights and liberties of every citizen. We advocate for making our communities safer and stronger, while protecting civil rights and promoting social and racial justice.

POSITION SUMMARY:

Perform all of the legal duties and functions related to appellate proceedings in the Massachusetts Supreme Judicial Court and Massachusetts Appeals Court.

DUTIES & RESPONSIBILILTIES:

• Handle appellate assignments which include, but are not limited to, the following:

• Master the appellate record, including transcripts and exhibits, for assigned cases;

• Move to supplement the appellate record when necessary;

• Research applicable constitutional, statutory, and regulatory law for assigned cases;

• Draft applications for interlocutory appeal under Mass. R. Crim. P. 15(a);

• Draft and oppose petitions for extraordinary relief under G.L. c. 211, § 3;

• Draft principal, responsive, and reply briefs as applicable;

• Draft applications for direct appellate review and further appellate review as necessary;

• Confer with Victim Witness Advocates on assigned cases involving victims;

• Prepare for and deliver oral argument on assigned cases at applicable court; and

• Handle related motions, such as motions for stay of sentence pending appeal.

• Handle post-trial motions, which include, but are not limited to, the following:

• Draft written responses to motions for a new trial, motions to revise or revoke sentences, motions filed under Mass. R. Crim. P. 25(b)(2), and motions for post-conviction forensic testing filed under G.L. c. 278A;

• Appear and present argument at post conviction hearings in the Superior, District, and Juvenile courts; and

• Confer with Victim Witness Advocates on assigned cases involving victims.

• Serve as co-counsel at trial in murder and other priority prosecutions, which include but are not limited to, the following:

• Prepare written oppositions to Motions to Suppress and/or Dismiss;

• Draft and argue motions in limine;

• Research evidentiary issues and anticipate evidence-based objections;

• Assist in the selection of jurors and the preparation of witnesses;

• Argue substantive legal issues, including motions for a required finding of not guilty;

• Ensure that the trial record is perfected; and

• Draft jury instructions.

• Assist the Sexually Dangerous Persons (SPD) committee with the screening of cases and the prosecution of petitions for civil commitment in Superior Court;

• Assist the Records Access Officer in responding to public records requests;

• Complete or participate in internal and/or external legal training programs;

• Keep apprised of developments in Federal and State constitutional and criminal law;

• Appear before the Parole Board in life-sentence cases;

• Assist as necessary in responding to public-records requests and addressing subpoenas;

• Respond to legal inquiries from trial prosecutors and other members of law enforcement;

• Serve on the NWDA committees as directed by the District Attorney; and

• Perform other tasks as directed by the District Attorney, First Assistant District Attorney, or Deputy District Attorney.

BENEFITS:

The NWDAO is pleased to offer a comprehensive benefits package to its employees.

The overall benefits available include: Paid Vacation, Sick and Personal Leave Time; Health, Dental and Vision Insurance through the Commonwealth’s Group Insurance Commission; and a pre-tax Health Savings Account optional plan. In addition, the NWDAO provides employees the opportunity to elect Life Insurance, Long-Term Disability Insurance, Deferred Compensation Savings, Tuition Remission, along with other programs.

NWDAO employees also participate in the Commonwealth’s State Retirement Plan, which can become a defined benefit plan for those that both vest and subsequently retire from state service.

The NWDAO provides the ability for new part-time employees to accrue paid vacation leave, personal days and sick leave per year. 12 recognized state / federal paid holidays.

COMMITMENT TO DIVERSITY, INCLUSION & EQUAL OPPORTUNITY:

The Northwestern District Attorney’s Office is committed to cultivating and sustaining an equitable and inclusive work environment where diversity is celebrated and all employees feel valued, respected, and engaged. We strive to have a staff diverse in culture, background, and perspective. We afford equal opportunity to all persons regardless of race, color, religion, sex, national origin, age, military status, sexual orientation, sexual identity, handicap/disability, gender, gender identity, ancestry, genetic information, or any other legally protected class. We are proud to be an Equal Opportunity and Affirmative Action employer. In recruiting for our team, we welcome the unique contributions that staff can bring to our District Attorney office.

TO APPLY:

Applicants must submit cover letter, resume and Employment Application Form (form located under the “Employment & Internships” tab at www.northwesternda.org) to martha.murphy.kane@mass.gov. Candidates are encouraged to visit the NWDAO website at www.northwesternda.org to learn more about the work of the office.

• 
  Five (5) years of legal experience (appellate experience preferred) or an equivalent combination of education, training, and experience which provides the required knowledge, skills and abilities to perform the core functions of the position.

• In-depth knowledge of state and federal caselaw, Massachusetts Rules of Appellate and Criminal Procedure, and Massachusetts Rules of Professional Conduct.

• Strong analytical, organizational, time management, writing and oral advocacy skills.

• Demonstrated ability to work collaboratively with others and motivation to work in the public interest.

• High level of integrity, professionalism, discretion, and commitment to public service.