Oversight Counsel Criminal Appeals Unit, Private Counsel Division

The Committee for Public Counsel Services the public defender agency for Massachusetts is seeking applicants from experienced attorneys to fill two newly created positions in the Private Counsel Divisions Criminal Appeals Unit. These Post-Conviction Oversight Attorneys will provide support to and oversight of post-conviction panel members evaluate present and respond to requests for screening counsel and screen post-conviction cases as well as handle a small caseload of new trial motions and appeals.

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.

UNIT OVERVIEW

The Private Counsel Division Criminal Appeals Unit (CAU) is expanding in an effort to strengthen its support and oversight for collateral attacks on convictions and to reduce case assignment backlogs.

The CAU assigns attorneys to approximately 800 post-conviction cases are cases in which an individual has been convicted of a crime after a trial or has pleaded guilty to a crime.

The approximately 400 attorneys on the post-conviction panel whom the unit oversees litigate direct appeals and new trial motions and evaluate (screen) cases after a direct appeal has concluded or after a guilty plea to determine whether there are meritorious grounds to bring a new trial motion.

POSITION OVERVIEW

We are seeking two experienced practitioners who will provide support and oversight to members of the post-conviction panel. These new positions will have two main areas of responsibility in addition to a small caseload of new trial motions and appeals.

The Post-Conviction Oversight Attorneys will act as a resource for panel members pursuing post-conviction collateral attacks on convictions act as co-counsel for panel members litigating post-conviction evidentiary hearings in the trial court assist with trainings and moot arguments and assist with client and attorney calls that come into the CAU. They will also mentor new post-conviction panel members.

The other main area of responsibility will be acting as part of a three-attorney team to review and respond to requests for screening counsel who are attorneys who review collateral attacks on convictions. This will involve reviewing incoming correspondence and determining whether to assign screening counsel as well as communicating with the requestor prior counsel and the court. The Post-Conviction Oversight Attorneys will conduct a preliminary review of case materials and obtain records and maintain and update electronic client and case records.

The Post-Conviction Oversight Support and Screening Attorneys report to the Director of the Criminal Appeals Unit.

MINIMUM ENTRANCE REQUIREMENTS

• Must be eligible to practice law in this jurisdiction as a member of the Massachusetts Bar in good standing or as an attorney in another jurisdiction who is eligible to engage in limited Massachusetts practice under Supreme Judicial Court Rule 3:04;
• Minimum of four years experience representing indigent criminal clients;
• Access to an automobile to travel to offices courts and training locations that are not easily accessible by public transportation; and
• Access to home internet sufficient to work remotely.

QUALIFICATIONS/SKILLS

The following skills are preferable in a candidate:

• Preference will be given to candidates who have experience screening cases; handling post-conviction evidentiary hearings and with appellate writing experience;
• Jury trials and/or evidentiary hearings;
• Experience examining witnesses on direct and cross-examination;
• Working with investigators expert witnesses and with forensic evidence issues;
• Commitment to working with a culturally diverse population and an understanding of the biases affecting our clients;
• Knowledge of criminal law and appellate practice and procedure in Massachusetts;
• Ability to communicate effectively and persuasively orally and in writing;
• Excellent organizational time management and analytical skills; and
• Demonstrated commitment to the principle of zealous client-centered advocacy in the representation of indigent persons.

An attorney interested in the position should submit a resume writing sample of no more than fifteen pages which has not been substantially edited by anyone other than the applicant and a letter of interest that describes how the applicants qualifications are pertinent to this position.

RESPONSIBILITIES

Responsibilities and duties include but are not limited to:

• Reviewing Rule 30 filings;
• Mentoring post-conviction panel members;
• Reviewing screening reports and making recommendations;
• Reviewing and responding to requests for screening counsel;
• Working with unit staff to maintain and update client and case electronic records;
• Working with unit staff to post screening cases for assignment;
• Screening post-conviction cases and if necessary litigating new trial motions and appeals of the denials of new trial motions;
• Presenting screening and pre-screening cases at unit meetings;
• Acting as co-counsel with post-conviction panel members in post-conviction evidentiary hearings in the trial court;
• Assisting with trainings;
• Acting as unit attorney-on-call for client calls as assigned;
• Filing status reports in the Appeals Court;
• Acting as a resource for panel members with post-conviction collateral litigation questions;
• Assisting with Special Project Unit cases or litigation as needed; 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 .