Assistant City Attorney and Prosecutor

Position Summary 

The Assistant City Attorney and Prosecutor performs skilled legal work for the City of Newton under the direction and supervision of the City Attorney who is the primary legal counsel for the City. The Assistant City Attorney and Prosecutor works closely with the City Attorney on legal matters as needed and stands in as legal counsel in the City Attorney’s absence.  

The Assistant City Attorney and Prosecutor, as the primary prosecutor for the City, directs the activities and has oversight and management of all aspects of the prosecution of cases through the Newton Municipal Court.  This oversight includes supervision of the Victim Witness Coordinator and Prosecutor’s Clerk. 

The Assistant City Attorney and Prosecutor performs functions of a complex and confidential nature.  

Essential Functions:

• Supervise prosecutor personnel and operations;
• Train new prosecutor personnel;
• Reviews police reports and other offense reports to determine if there is a basis for filing and prosecuting charges, and to determine the appropriate charges to be filed;
• Investigates, prepares, and prosecutes ordinance violations, misdemeanor crimes, and traffic violations;
• Conducts plea negotiations and pre-trial conferences;
• Represents the City in Municipal Court;
• Interviews witnesses as necessary;
• Responds to defense motions;
• Conducts legal research as necessary; Monitors current case law and legislative updates as it applies to municipal court issues and advises officers and staff accordingly;
• Maintains proper documentation of prosecutor actions;

• Provide comprehensive legal advice to the Governing Body, City administration and staff, and the City’s subordinate boards, commissions, task forces, etc.;

• Implements proper office policies and procedures;
• Reviews/revises/updates forms and changes language used by Prosecutor’s Office;

• Oversees and advises the Planning Commission;
• Prepare ordinances and resolutions for action by the Governing Body;
• Prepare or review legal documents including contracts;
• Monitor developments in the law for potential impact upon functions of municipal government and advise administrative staff and the governing body accordingly;
• Stays current on employment laws and advises Human Resources.

Marginal Functions:

Position Requirements:

Education:  The Assistant City Attorney and Prosecutor must have a Juris Doctor degree from an accredited law school and must be licensed and admitted to practice law in the State of Kansas.  

Experience: One year of experience in the practice of law and experience in local or state government or prosecution is strongly preferred.

Skills:  Ability to work independently with a thorough knowledge of the principles and practices of law and the ability to apply that knowledge in the completion of job duties.  In addition, extensive knowledge of the law as it relates to the needs of the city and of the Municipal Court is required.  This employee must be able to operate computers, printers, photocopiers, telephone systems, and other department equipment.  The ability to type with speed and accuracy, to complete tasks in the presence of distractions, and to prepare reports is required.  The employee should possess excellent public relations, supervisory, reasoning, organizational, oral and written communication skills.

Problem Solving:  The employee should be able to process detailed, complex, and sometimes emotionally charged information and testimony to extract essential factual and legal issues and prepare and present evidence which is consistent with established legal principles.  

Decision Making:  Constant decision-making involves the monitoring and reporting of legal issues affecting the city and establishing priorities. The employee will provide recommendations to all departments, the City Attorney, City Manager, Human Resources, and the Governing Body regarding legal issues. 

Accountability:  The Assistant City Attorney and Prosecutor is accountable for legal matters pertaining to the prosecution of violations of city code, employment law and other requirements of position.

Personal Relations:  The Assistant City Attorney and Prosecutor is expected to conduct himself or herself in a highly professional manner, and in a close, positive manner with co-workers, superiors, the public, outside agencies, and other City departments and City administration.   The Assistant City Attorney and Prosecutor must be able to deal with the public professionally despite sometimes stressful circumstances.

Supervisory Responsibility:  The Assistant City Attorney and Prosecutor is responsible for the daily supervision of the Prosecutor’s Clerk and the Victim Witness Coordinator.           

Working Conditions:  Most tasks will be performed in an office and courtroom environment at City Hall.  The job does involve exposure to persons under stress and to persons with criminal histories.

Physical Requirements:  The Assistant City Attorney and Prosecutor’s physical job demands include Occasional Bend/Crouch; Occasional Carry of <5 lbs.; occasional foot coordination; constant hand coordination; occasional lift of up to 50 lbs. from floor to waist; occasional horizontal push/pull of up to12 lbs.; occasional forward reach; constant sit; occasional stand; frequent walk. see job analysis for details.

PDC Level: Medium.