Assistant Public Defender - Appeals & Postconviction

The Office of the Ohio Public Defender (OPD) is seeking a dedicated attorney to serve as an Assistant Public Defender (APD) in the Appeals & Postconviction Department, Appellate Services Division. The Appeals & Postconviction Department provides representation in non-capital, post-trial cases. Assistant Public Defenders review cases for deprivations of statutory and constitutional rights and litigate those with arguable merit. We routinely practice in each of Ohio’s state appellate courts and have a well-developed practice in the Supreme Court of Ohio on behalf of indigent people who have been convicted of crimes. We may consult with trial counsel on particularly complex legal issues.

As an APD in the Appeals & Postconviction Department, you will provide representation in a wide range of proceedings occurring after a client has been convicted of one or more misdemeanor or felony crimes. You will work on a variety of postconviction issues, including inadequate pretrial investigations, misuse of forensic evidence, and other systemic problems related to race in the criminal justice system, criminalization of poverty, and criminal defense immigration consequences. You will work individually on cases as well as in a group setting on projects reviewing larger issues, and these group litigation projects will include both supervisors and attorneys with varying levels of experience.

The most common day-to-day work for the position relates to the following types of legal filings/cases:

• Direct Appeal: You generally act as sole counsel on direct appeal cases, but occasionally will work with co-counsel when appropriate. In pursuing an appeal, you will review the record of the case and all transcripts, meet with the client, conduct research and identify issues, draft the merit and reply briefs, and present oral arguments. You will also conduct merit reviews for cases that have potential merit for a discretionary appeal to the Ohio Supreme Court, may file jurisdictional memoranda in meritorious cases, and will pursue the appeal if the case is accepted.
• Post-Conviction: You are assigned to review the cases of individuals who have gone to trial, who may have claims that a violation of their constitutional rights occurred, which can be established by evidence outside of the trial record of the case. You may work with an investigator to identify, locate, and interview witnesses, and/or may secure affidavits from expert witnesses in support of a post-conviction petition. If the trial court grants an evidentiary hearing, you will participate in the hearing.
• Federal and State Writs and Other Forms of Relief: You review cases for arguable merit for a variety of writ filings, including state and federal habeas petitions, mandamus actions, and writs of procedendo, as well as other non-traditional filings including temporary restraining orders and injunctions.
• Motions: You provide representation on various motions, including new trial motions, motions for the correction of jail-time credit, motions to vacate post-release control and judicial sanctions, etc.

We are looking for zealous, creative attorneys who have a commitment to indigent defense and compassion for their clients. Successful candidates will also have strong analytical skills and are adept at legal research and persuasive writing. Further, excellent interpersonal skills, a desire to expand one’s legal knowledge and skills, and an ability to accept constructive feedback are valuable attributes.

The position requires travel throughout the state of Ohio to review court records, participate in court hearings and oral arguments, and visit clients who are incarcerated in the Ohio Department of Rehabilitation and Correction. The agency maintains a fleet of vehicles for you to reserve; use of a fleet vehicle requires evidence of valid driver’s license and personal auto insurance coverage.

**In your application, please upload and attach a cover letter and a writing sample. Applications without a cover letter and writing sample will not be reviewed.**

Starting pay for this position will be at Step 1 unless required by contract/legislation; Candidates with exceptional qualifications may be considered for higher starting pay. Our steps give a standard path for earnings growth: you move to the next step after 180 days and annually thereafter. We typically have fiscal year Cost of Living Adjustments as well.

The Office of the Ohio Public Defender complies with federal and state disability laws and makes reasonable accommodations for applicants and employees with disabilities. If reasonable accommodation is needed to participate in the job application or interview process, please contact us at 614-466-5394 or HCM@opd.ohio.gov.

At the State of Ohio, we take care of the team that cares for Ohioans. We provide a variety of quality, competitive benefits to eligible full-time and part-time employees*. For a list of all the State of Ohio Benefits, visit our Total Rewards website! Our benefits package includes:

• Medical Coverage
• Free Dental, Vision and Basic Life Insurance premiums after completion of eligibility period
• Paid time off, including vacation, personal, sick leave and 11 paid holidays per year
• Childbirth, Adoption, and Foster Care leave
• Education and Development Opportunities (Employee Development Funds, Public Service Loan Forgiveness, and more)
• Public Retirement Systems (such as OPERS, STRS, SERS, and HPRS) & Optional Deferred Compensation (Ohio Deferred Compensation)

• Benefits eligibility is dependent on a number of factors. The Agency Contact listed above will be able to provide specific benefits information for this position.

Admission to Ohio bar pursuant to section 4705.01.

Note: Prior to representing a client in federal court or U.S. Supreme court, attorney shall obtain admission to practice law in that court; prior to appointment as appellate counsel for an indigent defendant in a capital case pursuant to Appt.Coun.R. 5.02 & 5.03, an attorney shall obtain certification from the Commission on Appointment of Counsel in Capital Cases.

Note: Eligibility to practice under a Certificate to Practice Law Pending Admission in Ohio, under Rule I, Section 19 of the Supreme Court Rules for the Government of the Bar of Ohio, or eligibility to practice under a Temporary Certification for Practice in Legal services, Public Defender, and Law School Programs under Rule IX of the Supreme Court Rules for the Government of the Bar of Ohio, may be accepted in lieu of admission to the Ohio Bar pursuant to R.C. Section 4705.01.

Job Skills: Attorney/Legal, Client Advocacy, Coaching, Organizing and Planning, Verbal Communication, Written Communication and Analyzation.

Intentional omission of relevant information, falsification, or misrepresentation of information on the application will disqualify the applicant. In addition, such intentional acts are grounds for immediate termination of an employee.

Final candidates selected for this position will be required to undergo a drug test. An applicant with a positive test result will not be offered employment. Final candidates selected for this position will also be required to undergo a criminal background check and state income tax check. Criminal convictions do not necessarily preclude an applicant from consideration for a position. An individual assessment of an applicant's prior criminal convictions will be made before excluding an applicant from consideration.

This position serves at the pleasure and discretion of the State Public Defender. This position serves in a fiduciary relationship to the State Public Defender and will have an unclassified status per Ohio Revised Code 124.11 (A) (9).

Ohio is a Disability Inclusion State and strives to be a model employer of individuals with disabilities. The State of Ohio is committed to providing access and inclusion and reasonable accommodation in its services, activities, programs and employment opportunities in accordance with the Americans with Disabilities Act (ADA) and other applicable laws.

The State of Ohio is a drug-free workplace which prohibits the use of marijuana (recreational marijuana/non-medical cannabis). Please note, this position may be subject to additional restrictions pursuant to the State of Ohio Drug-Free Workplace Policy (HR-39), and as outlined in the posting.