Appeals Attorney MHLD Appeals

The Committee for Public Counsel Services the Massachusetts public defender agency is seeking a full-time Appeals Attorney for its Mental Health Litigation Division Appeals Unit. The position may be located in any CPCS office depending on the needs of the selected candidate the Appeals Unit and the availability of office space. The position is eligible for a hybrid work schedule.

We fight for equal justice and human dignity by supporting our clients in achieving their legal and life goals. We zealously advocate for the rights of individuals and promote just public policy to protect the rights of all.

Our Values

Courage Accountability Respect Excellence

DIVERSITY AND INCLUSION MISSION STATEMENT

CPCS is committed to protecting the fundamental constitutional and human rights of our assigned clients through zealous advocacy community-oriented defense and the fullness of excellent legal representation. We are dedicated to building and maintaining strong professional relationships while striving to accept listen to and respect the diverse circumstances of each client as we dedicate ourselves to meeting their individual needs. It is our CPCS mission to achieve these goals and in furtherance thereof we embrace and endorse diversity equityand inclusion as our core values as we maintain a steadfast commitment to: (1) Ensure that CPCS management and staff members represent a broad range of human differences and experience; (2) Provide a work climate that is respectful and supports success; and (3) Promote the dignity and well-being of all staff members. CPCS leadership is responsible for ensuring equity diversity and inclusion. The ability to achieve these goals with any level of certainty is ultimately the responsibility of each member of the CPCS community.

AGENCY OVERVIEW

CPCSis the state agency in Massachusetts responsible for providing an attorney when the state or federal constitution or a state statute requires the appointment of an attorney for a person who cannot afford to retain one. The agency provides representation in criminal delinquency youthful offender family regulation guardianship mental health sexually dangerous person and sex offender registry cases as well as in appeals and post-conviction and post-judgment proceedings related to those matters.

The clients we represent are diverse across every context imaginable and bring many unique cultural dimensions to the matters we address. This reality creates a critical need for CPCS staff to be culturally competent and able to work well with people of different races ethnicities genders and/or sexual orientation identities abilities and limited English proficiency among other protected characteristics.

OFFICE OVERVIEW

The cases handled by the Mental Health Litigation Division (MHLD) include involuntary civil commitments forced treatment and guardianships. Appeals Unit cases are primarily direct appeals in commitment and guardianship cases but may also include motions for new trials interlocutory appeals and amicus briefs in selected cases. The Appeals Unit also provides consultation to staff and private panel attorneys around the state and often assists the agency with system-wide issues and challenges.

The Appeals Unit currently consists of a Director of Mental Health Appeals an Oversight Counsel and two case handling Appeals Attorneys. The Appeals Unit provides support and oversight of MHLD Appeals Panel Attorneys as well as directly representing clients in MHLD appeals.

POSITION OVERVIEW

The MHLD is seeking a full-time Appeals Attorney to provide direct representation of mental health clients at the appellate level. Appeals Unit cases are primarily direct appeals in commitment and guardianship cases but may also include motions for new trials interlocutory appeals and amicus briefs in selected cases.

MINIMUM ENTRANCE REQUIREMENTS

• Must be committed to serving a culturally diverse low-incomepopulation and must be eligible to practice law in Massachusetts either as a member of the Massachusetts bar as a law school graduate under SupremeJudicial Court Rule 3:03 or as an attorneylicensed in anotherjurisdiction who is covered by Supreme Judicial Court Rule 3:04;
• Candidates must have at least one year of experience as an attorney;
• Appeals Attorney positions require travel;access to reliable transportation throughout the state is necessary; and
• Access to home internet sufficient to work remotely.

QUALIFICATIONS/SKILLS

Candidates should possess the following attributes:

• At least three years of appellate experience is preferred;
• A demonstrated commitment to the principle of zealous advocacy in the representation of individuals involved in the mental health system;
• A demonstrated commitment to working with a culturally diverse population of individuals involved in the mental health system;
• Ability to work in a defense-oriented capacity both independently and collaboratively; and
• Very strong writing and oral advocacy skills

APPLICATION PROCESS

To apply candidates must submit a resume a statement of interest and two legal writing samples. The statement of interest must include the following:

• Why you are interested in the position;
• Significant trial motion and appellate experience. Please describe any particularly noteworthy legal arguments that you have advanced on behalf of a client;
• Other relevant experience including work related to mental health;
• How your experience would benefit our clients if you were offered the position.

RESPONSIBILITIES

The duties of a Mental Health Litigation Division Appeals Unit Attorney include but are not limited to the following:

• Interviewing clients;
• Conducting legal research;
• Collecting and reviewing documentary evidence;
• Preparing appellants and occasionally appellees briefs as well as reply briefs;
• Handling appeals in the Appellate Division Appeals Court and the Supreme Judicial Court including preparation for oral arguments via moot courts;
• Assisting other attorneys preparing for argument;
• Providing assistance to trial attorneys on issues related to appeals;
• Preparing case summaries of new mental health opinions;
• Assisting in training and development of practice aids for trial and appellate attorneys;
• Depending on experience level may on occasion include editing assistance/mentoring of Mental Health Litigation Division staff Trial Attorneys who are representing clients on appeal;
• Drafting of amicus briefs; and
• Other duties as assigned.

EEO Statement

The Committee for Public Counsel Services (CPCS) is an equal opportunity employer and does not discriminate on the basis of race color national origin ethnicity sex disability religion age veteran or military status genetic information gender identity or sexual orientation as required by Title VII of the Civil Rights Act of 1964 the Americans with Disabilities Act of 1990 and other applicable federal and state statutes and organizational policies. Applicants who have questions about equal employment opportunity or who need reasonable accommodations can contact the Chief Human Resources Officer Sandra DeBow-Huang at .