Permanent Behavioral Health Attorney

MC Mental Health Court Attorney, Behavioral Health Unit

FLSA Status: Exempt

Division/Department: Assistant Defender

Reports to: Chief - Behavioral Health Unit; Assistant Chief - Behavioral Health, Alternative Sentencing & Re-Entry

Direct Reports: N/A

The Behavioral Health Unit has an immediate opening for a criminal attorney, primarily assigned to MC Mental Health Court. The position involves working closely with defendants who are incompetent or have been diagnosed with a mental health condition. Duties include, but are not limited to, consultation with specially assigned district attorneys, judges and court staff, probation/parole officers, family members, treatment agencies and members of a specialized case management team designed to provide support services to individual defendants in the community. The candidate selected will be responsible for all aspects of the defendants’ criminal matters from arrest until the case leaves MC Mental Health Court. This position requires a thorough understanding of the DSM-5-TR mental health diagnoses as well as the Mental Health Procedures Act, or a strong willingness to learn. The candidate is required to make court appearances on their assigned day in MC Mental Health Court and alternate days, where coverage is necessary. It will require traveling to interview and meet clients at residential mental health facilities, hospitals, Norristown State Hospital, and the Philadelphia Prison System. In addition, the successful candidate must be willing to handle other assignments within the Behavioral Health Unit as needed.

Major Areas of Responsibility

• Preparing for and running MC Mental Health Court (MC MHC) on a designated day. This includes managing a case-load with cases at varying stages, all involving defendants deemed incompetent or diagnosed with mental illness, intellectual disability, traumatic brain injury, and/or dementia. The defendants are charged/found guilty of a variety of offenses, including sexually based offenses.

• Consulting with other attorneys in our office who are working with clients with mental illness diagnoses and advising on the appropriateness of a MC MHC referral. This includes reviewing potential referrals to MC MHC, considering the nature of the charges, the possible advantages and disadvantages of MHC participation, and the severity of clients’ specific diagnoses and symptoms. The Mental Health Court attorney must also keep track of all outstanding referrals and where referrals are in the “process.”
• Expectation that you will interview your clients, complete investigations, make discovery requests when appropriate, and otherwise advance the file for eventual trial or disposition.

• Identifying rejected candidates and maintaining those lists for data collection and statistical purposes. Discussing with the Chief and/or Assistant Chief any requests to have those candidates considered for vertical representation within the Unit.
• Identifying clients who need expert assessments or evaluations and hiring experts after submitting expert requests for funds. Prepping experts for litigation and direct examination when necessary.
• Conducting client assessments in the office, prisons, and the state hospital to determine eligibility, competency, and mental health status of potential candidates for MC MHC. This includes discussing and counseling clients about the terms and nature of treatment required of all MC MHC participants.
• Sitting in on forthwith mental health evaluations in the Court clinic, on State Road, or at Norristown State Hospital when necessary.
• Litigating contested competency hearings and Humphrey motions, including filing written motions in support.
• Maintaining a rigorous bail motion practice, which includes proactive and creative approaches to diverting clients from NSH and the prison.
• Working closely with the Behavioral Health Unit social workers and paralegals to assist in treatment referrals and in providing on-going supports for clients.
• Working collaboratively with the MC MHC stakeholders, including: judges and court staff, the attorneys and support staff of the District Attorney’s Mental Health Unit, probation, psychiatrists and staff from the Court Mental Health Clinic, the Forensic Support Team from DBH, case managers, treatment providers, doctors and social workers at Norristown State Hospital and other psychiatric hospitals, and jail staff.
• Maintaining contact with clients and their treatment team on a regular basis.
• A successful candidate is required to meet with all BHU clients in jail and at Norristown State Hospital at least once a month, or more frequently as needed.
• Maintaining trial files and/or VOP files and documenting all court listings and status hearings in DCM in a timely manner.
• Fulfilling other responsibilities as dictated by the needs of the clients, the Behavioral Health Unit, and the office, including civil mental health coverage, as needed.

Required Skills / Experience

• Current Assistant Defender with experience providing direct legal representation involved in the criminal justice system
• Demonstrated interest, experience, and commitment to the representation of individuals with mental health concerns is preferred.
• Working knowledge (or willingness to be trained) on the Diagnostic and Statistical Manual of Mental Disorders (DSM)
• Candidate must be able to work as a team player with attorneys and staff in the unit under a collaborative approach to navigating our most vulnerable Defender population through the criminal legal process

Physical Requirements

• Prolonged periods sitting at a desk and working on a computer
• May have to lift up to 15 pounds
• Travel to local courtrooms, residential mental health facilities; the Philadelphia Prison System and Norristown State Hospital

Nothing in this job description restricts management’s right to assign or reassign duties and responsibilities to this job at any time. This description reflects management’s assignment of essential functions. It does not proscribe or restrict the tasks that may be assigned. This job description is subject to change at any time.