Racial Justice Act Attorney (Attorney I-V)

About the Opportunity

• Professional Development expenses reimbursed up to $900 each County fiscal year;
• Yearly state bar dues will be paid by the County; AND
• Paid professional leave up to 60 hours per year.

Typical Tasks

• Provide consultations in criminal cases assigned to the Public Defender regarding Racial Justice Act implications and identifies legal issues prior to the resolution of their criminal cases as well as post sentencing;
• Advocate directly with District Attorneys in criminal cases where client is facing adverse RJA consequences to mitigate those consequences;
• Advise paralegals and attorneys regarding RJA law and issues where applicable;
• Monitor law enforcement compliance (police, sheriff, probation, etc.) with state laws related to RJA cases and identify potential violations;
• Advocate on behalf of clients in the criminal legal system, including judges, prosecutors, probation officers and other service providers;
• Conduct initial intake interviews with potential clients and initial investigation to determine whether clients are eligible for Public Defender RJA relief;
• Provide screening and advice to individuals regarding RJA relief options for vacating, modifying, reducing, and reclassifying prior convictions in order to mitigate RJA issues;
• Develop training and educational materials to keep Public Defenders up to date on key RJA concepts and office RJA  protocols, including regular office-wide mandatory RJA training;
• Ensure the Department’s compliance with RJA legislation;
• Stay abreast of rapidly changing RJA related case law coming out of the Supreme Court, Court of Appeals for the Ninth Circuit, and other relevant authorities;
• Identify and address criminal charges, sentences or convictions based upon racial bias;
• Litigate, research, and argue Racial Justice Act (RJA) motions;
• Seek disclosure of data supporting RJA motions;
• Collect and organize data in support of a prima facie good cause showing;
• Write and argue RJA motions ; and
• Identify and retain experts to explain the significance of relevant data and the effect of explicit and implicit bias on legal proceedings.

Minimum Qualifications (Knowledge, Skills, Abilities, Education/Experience)

• Legal research and writing;
• Criminal and civil law and procedure;
• Rules of evidence;
• Trial principles;
• Oral argument;
• Constitutional law; 
• Charging statutes and language;
• Sentencing and probation parameters;
• Office procedures and practices;
• Rules of Court; and
• Organization and handling multiple cases.

• Organize multiple tasks;
• Prepare and present statements of fact, law and arguments clearly and logically in written and oral form;
• Evaluate facts and evidence; obtain information through examination;
• Analyze legal problems and apply legal principles and practices;
• Follow directions; accept and learn from criticism;
• Communicate effectively; extract information from and coherently provide it to others;
• Produce research and writing; accurately document actions;
• Dress professionally;
• Work with others in a team environment;
• Maintain the confidence and respect of members of the legal profession, public officials and other persons contacted in the work process;
• Public speaking and argument;
• Write clearly and concisely;
• Argue clearly and logically;
• Demonstrated flexibility in approach to legal issues and working with people;
• "Think on your feet" and ability to explain these thoughts coherently; and
• Basic computer skills to function effectively in automated environment.

• Evaluate requests for the issuance of criminal charges;
• Evaluate cases to determine the parameters of settlement; 
• Present legal motions in court clearly and logically;
• Review charging documents for accuracy;
• Demonstrate a working knowledge of applicable code sections, for example the Wel. & Inst. Code, Code of Civil Procedure, Civil Code, and the Evidence Code;
• The ability to make a determination of what case facts are;
• Review pleadings for accuracy and sufficiency;
• Analyze facts and the law to determine if criminal actions are appropriate;
• Appear at pre-trial and post-trial hearings; and 
• Provide on-going direction to support staff;
• Office computer efficiency;
• Application of knowledge learned in Level I;
• Basic legal research and writing;
• Argument; 
• Organization and handling multiple cases; and
• Basic computing skills to function effectively in automated environment.

• Non-trial appearances;
• Evaluate cases to determine the parameters of settlement of complex and multiple issues;
• Determine sentencing parameters utilizing state statutes and local rules of court; and
• Represent the office in public.

• Prosecute/defend all felony cases; and
• Track and document statistical data.

• Competently defend/prosecute all cases including homicides; 
• Willingness to defend/prosecute capital cases;  
• Assume the full range of responsibilities relating to the office;
• Apply knowledge previously learned in Level I, II III and IV; and
• Advanced legal research and writing.

• Pass California State Bar and possess valid bar license; AND
• Must be able to complete and pass background investigation.

• A minimum of six (6) months of experience as an Attorney I, or three (3) years’ experience in the general practice of law may be submitted for the six (6) months of criminal law experience; AND
• Pass California State Bar and possess valid bar license; AND
• Possess and maintain a valid California Driver's License; AND
• Must complete and pass background investigation at time of initial hire.

• One (1) year experience as an Attorney II or equivalent; AND
• Pass California State Bar and possess valid bar license; AND
• Must complete and pass background investigation at time of initial hire

• One (1) year experience as an Attorney III or equivalent; AND
• Pass California State Bar and possess valid bar license; AND
• Must complete and pass background investigation at time of initial hire.

• One (1) year experience as an Attorney IV or equivalent; AND
• Pass California State Bar and possess valid bar license; AND
• Other-- Complete and pass background investigation at time of initial hire.

• Bilingual speaking in Spanish
• One (1) year experience advising criminal defense attorneys as to immigration consequences of criminal convictions.

Application and Selection Procedures

• Application Review and Screening. Applications are carefully screened based on information provided. Those who submit incomplete applications that lack relevant qualifications or do not submit all required documents will not be invited to move on.
• Oral Examination. Applicants are invited to a panel interview in which they will be evaluated by County subject matter experts.
• Eligible Lists. Candidates who pass the examination will be placed on an eligible list for that classification. Eligible lists are effective for six months, but may be extended up to eighteen months.