Assistant Town Prosecutor I or II

Overview

Gilbert has an exciting opportunity for an Assistant Town Prosecutor I or II who is innovative, driven, and passionate about serving the community. (This is a benefited Limited Term Agreement Position)

The Assistant Town Prosecutor researches, prepares and prosecutes misdemeanor cases and felonies re-designated as misdemeanors in the Gilbert Municipal Court and East Valley Regional Veteran's Court, as well as cases for Appeals and Rule 11 evaluations in the Maricopa County Superior Court. This position communicates with Defendants, Defense Attorneys, Witnesses, Officers, Victims, fellow employees, and the public regarding criminal cases, Gilbert Municipal Code cases, and policies and procedures.

This position represents the State of Arizona during in-custody and out of custody arraignments, pretrial conferences, evidentiary and related hearings, bench trials, jury trials, probation violation arraignments, non-witness probation violation hearings, and witness probation violation hearing dockets.

Responsibilities include:

• Make charging decisions on cases long formed to the Gilbert Prosecutor's Office. Review and make charging decisions on cases referred to the Gilbert Prosecutor's Office by the Maricopa County Attorney's Office. Review and make plea offers on cases charged by Arizona Traffic Ticket and Complaint by Gilbert Police Department, Gilbert Code Enforcement, and other Arizona Peace Officers. Use judgment, training, and experience to determine appropriate charges.
• Analyze case data regarding charges, witnesses, legal arguments, plea negotiations, diversion eligibility, and trial strategies to determine an appropriate plea offer and recommended sentence upon conviction. Discuss cases with Victims, Defendants, and Defense Attorneys and modify/deviate offers to resolve cases in the best interest of justice.
• Perform professional legal work in preparing and prosecuting cases.
• Attend and represent the State of Arizona in the Gilbert Municipal Court (and other Municipal Courts on conflict cases) during in-custody and out of custody arraignments, pretrial conferences, evidentiary and related hearings, status conferences, oral arguments, calendar calls, bench trials, jury trials, probation violation arraignments, non-witness probation violation hearings, and witness probation violation hearings.
• Attend and represent the State of Arizona at the East Valley Regional Veteran's Court in Tempe, Arizona.
• Attend and represent the State of Arizona in the Maricopa County Superior Court during Rule 11 proceedings to determine the competency of a defendant to stand trial, and lower court appellate hearings.
• Attend and represent the State of Arizona in the Arizona Court of Appeals, Arizona Supreme Court, and federal courts in appellate matters stemming from cases heard in the Gilbert Municipal Court and appealed from the lower court of appeals at Maricopa County Superior Court.
• Review policies, regulations, police reports, case evidence, criminal history, and incident reports.
• Negotiate case resolution and prepare trial strategy, oral arguments, and court recommendations.
• Oversee other special program areas such as Domestic Violence, Asset Forfeiture, Animal Cruelty, Federal Motor Carrier Safety Regulation cases, Community-Based Prosecution, high-profile cases, and matters having special public interest.
• Communicate with Defendants, Defense Attorneys, Witnesses, Officers, Victims, Experts, other employees, and the public. Facilitate and participate in interviews of these parties by Defendants and Defense Attorneys.
• Collects and provides discovery to defendants and defense attorneys. Confer with and prepare witnesses, victims, and officers to testify in trial to judges and juries during the presentation of evidence. Determines amounts and appropriateness of restitution to be paid by defendant to victims of crimes.
• Draft substantive and procedural motions. Research and analyze facts of the case, Statutes, Caselaw, Rules of Evidence, and Rules of Criminal Procedure to respond to oral or written Motions to Modify Release Conditions, Motions to Suppress and Dismiss, Motions to Modify Probation, Motions for Set Aside, Petitions for Post-Conviction Relief, Appeals, and Special Actions.
• Respond to Motions for Set Aside, Post-Conviction Relief, Appeal, Release Condition Modification, and Probation Modification.
• Conduct legal research and determine sufficiency of evidence. Draft court documents, legal memoranda, discovery notices, long-form complaints, legal opinions, legal updates and/or other legal documents. Maintain related files and records in our office's electronic file system. Prioritize work to ensure deadlines are met.
• Research existing and review modifications to procedural and substantive laws, as well as other related legal updates to adopted and proposed laws, ordinances, codes, rules, and regulations. Advise appropriate officials of action to be taken. Instruct other attorneys and…