Assistant Public Defender - Appeals & Postconviction

Job Skills

Attorney/Legal, Client Advocacy, 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).

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.

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.

• Direct Appeal: Generally act as sole counsel on direct appeal cases, but occasionally work with co‑counsel when appropriate. 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. Conduct merit reviews for cases that have potential merit for a discretionary appeal to the Ohio Supreme Court, file jurisdictional memoranda in meritorious cases, and pursue the appeal if the case is accepted.
• Post‑Conviction: 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.…