Attorney III/Appellate & Post-Conviction (60010264)

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THE STARTING SALARY FOR THIS POSITION IS LIMITED TO $87,849 -$103,184. Salary offers for the selected candidate are based on the candidate's education and experience related to the position, as well as our agency budget and equity.

Preparation of the State’s briefs in first degree murder cases, including capital cases and other complex criminal cases in the Supreme Court of North Carolina and the North Carolina Court of Appeals. First degree murder cases often present the most difficult and complex issues in the fields of criminal and constitutional law. The attorney will be required to read and analyze transcripts often exceeding two thousand pages. Defendant’s briefs typically are at least 35 pages, capital cases briefs exceeding 100 pages, requiring extensive research to prepare legal arguments showing that no prejudicial error occurred at trial. Research and preparation of the legal arguments in such brief usually require at least one month and often two months of work, on average. Including oral argument preparation as needed.

Capital and non-capital post-conviction filings and hearings in superior court. The Attorney assists prosecutors, at the request of the prosecutor, in drafting responses to Motions for Appropriate Relief and other motions filed for state post-conviction relief. In some cases, an evidentiary hearing is necessary to resolve issues of fact. Given the nature and complexity of capital litigation, the Attorney is expected independently to prepare and conduct courtroom litigation with a high level of experience and expertise. One of the primary responsibilities of the Attorney is to advise, assist, and often assume litigation of capital post-conviction hearings at the Superior Court level. Such assistance may involve investigating the case, interviewing witnesses, depositions, discovery, actual participation at the evidentiary hearing (including examination of witnesses and experts), briefing the complex legal issues, and preparation or review of proposed findings of fact and conclusions of law to be submitted to the presiding judge.

Capital and Non-Capital Federal habeas corpus petitions. The Attorney is responsible for the State’s response in federal habeas corpus litigation. Typically, after a defendant has exhausted their State court remedies, they can be expected to file a federal habeas corpus petition in one of the three trial districts of the United States District Court in North Carolina seeking to overturn their conviction or at least obtain a new sentencing hearing. When the petition is served, the Attorney initially reviews the allegations raised by the capital defendant, which often are numerous, complex constitutional issues; preliminarily assesses the merits of the allegations; determines what state court records and exhibits are needed; contacts the offices of the local clerks to obtain the records, exhibits, and transcripts; ascertains whether any affidavits are needed and, if so, contacts the affiants; reviews the records and transcripts as they pertain to the legal issues raised; researches the legal issues; drafts and edits a written answer to the petition, along with appropriate motions; and, supervises the electronic and/or manual filing of the answer, motions and record in the Federal District Court. This process requires independent, unsupervised decision-making in sometimes highly publicized criminal cases.

Miscellaneous responsibilities. Assisting and advising other attorneys in the Department of Justice in criminal appellate matters assigned to those attorneys on the criminal brief rotation. Participating and assisting in moot courts. Assisting and advising prosecutors around the State who have questions about criminal law or procedure issues or about criminal appellate procedures. Preparation of State’s petitions in criminal cases addressed to the various Appellate Courts requesting review of lower court decisions in criminal cases. Perfecting State's appeals working with the District Attorney's office.

Some travel, including some overnight stays are required.

Section Information:

The primary purpose of the Appellate and Post-Conviction Section of the Criminal Division of the North Carolina Department of Justice is to represent the State in criminal matters after a defendant’s trial is completed. This includes: (1) direct appeals of criminal convictions in any of the judicial districts of the State before the North Carolina Court of Appeals and the Supreme Court of North Carolina as well as state post-conviction petitions filed in the State Appellate Courts;(2) to research and prepare the State’s briefs and present oral argument in federal habeas corpus litigation in the federal district courts and the Fourth Circuit Court of Appeals; (3)the attorneys in the section handle the most difficult and complex criminal appeals and petitions, and therefore, because of their expertise, also serve as resources for all of the attorneys in the Department of Justice who handle occasional criminal appeals as part of their duties through the criminal brief rotation; (4) the section attorneys also represent the State of North Carolina in capital (death penalty) litigation, particularly at the state and federal post-conviction levels before the North Carolina Supreme Court, the Supreme Court of the United States, and the lower federal courts; (5) assist District Attorneys in all aspects of such state capital litigation, both at trial and in post-conviction proceedings; (6) act as liaison with Attorneys General and prosecutors on criminal law issues; (7) the section attorneys represent the State in non-capital state post-conviction petitions filed upon request of the District Attorneys and approval of the Division Head; (8) the section also has the responsibility to defend against non-capital federal habeas corpus actions filed in federal courts by State prisoners seeking to overturn their North Carolina state court convictions, and thereby prevent expensive and time-consuming retrials or the premature release of criminals who cannot be retried.

Department Information:

The North Carolina Department of Justice, led by the Attorney General of North Carolina, represents the state, state agencies, and elected officials, and defends the rights of the people of North Carolina. The Department handles all state criminal appeals cases and assists district attorneys with complex criminal cases at their request. Additionally, the Department of Justice includes the North Carolina State Crime Lab, the North Carolina Justice Academy, and the Sheriffs’ and Criminal Justice Education and Training Standards Divisions.

Salary

• $87,849 - $153,736/year

Qualifications

Knowledge, Skills and Abilities / Competencies

• Ability to interpret and apply laws, constitutional provisions, statutes, administrative regulations, and court decisions.
• Ability to analyze facts, evidence, legal problems, render formal opinions, and legal instruments.
• Ability to establish and maintain effective working relationships.

• Ability to independently prepare and prosecute capital cases on direct appeal and in post-conviction.

• Ability to organize and digest complicated factual situations.

• Ability to analyze evidence and apply the relevant law to the applicable facts.

• Ability to express conclusions and arguments clearly and logically, in oral and written form.

• Ability to be sensitive to the feelings and needs of victims’ families.

Minimum Education and Experience Requirements

Licensed to practice law by the North Carolina State Bar and three years of progressively responsible professional legal experience.

NOTE: GS 114-2 and 114-6 make it the duty of the Attorney General of NC to represent the State of North Carolina in all litigation unless another statute specifically states otherwise.

How to Apply

Note the following: If multiple applications are submitted to an individual posting, only the most recent application received prior to the closing date will be accepted. Applications must be submitted by 5:00 PM on the closing date.

Resumes and cover letters: To receive credit for your work history and credentials, you must list the information on the online application form. This information is used to determine if you meet the requirements of the position, and if you are selected, it is used to determine a salary offer.

Using the terms "See Resume" or "See Attachment" will not be accepted, and your application will be rejected as incomplete. Cover letters are highly encouraged but not required.

Transcripts: Degrees must be received from appropriately accredited institutions. A copy of your transcripts indicating the degree received can be uploaded with your application. If a transcript has been requested, your application will be considered incomplete if you do not provide one. Using a photograph of your diploma is not acceptable.

Credit for foreign degrees will only be given if verification of degree certification is attached to your application. Transcripts for foreign degrees have to be evaluated by an organization like World Education Services to determine US equivalency.

Any licenses or certificates must be included in the appropriate section of the application form.

Applicants seeking Veteran's Preference must attach a copy of their DD-214 or discharge orders.

Applicants seeking National Guard Preference must attach a NGB 23A (RPAS) if you are a current member of the NC National Guard in good standing. If you are a former member of the NC National Guard who served for at least 6 years and was discharged under honorable conditions, you must attach either a DD256 or NGB 22.

Application status: To check the status of your application, please log in to your account. Upon the closing date, applications are "Under Review" and will be screened by Human Resources for the qualified applicants. The hiring process may take an average of 6 – 8 weeks. All applicants will be notified by email once a position is filled.

If you are having technical issues submitting your application, please call the NeoGov Help Line at 855-524-5627. If there are any questions about this posting, other than your application status, please contact the NC DOJ Human Resources office.

The NC Department of Justice is an Equal Opportunity Employer. The NC Department of Justice uses Merit-Based Recruitment to select from among the most qualified applicants to fill positions subject to the State Human Resources Act.

CONTACT INFORMATION:

NC Department of Justice
Human Resources
humanresources@ncdoj.gov

Benefits

NOTE: For temporary, contract or other supplemental staffing appointments: There are no paid leave, retirement or other benefits associated with these appointment types.

For permanent and time-limited appointments:
Eligible employees have benefits that include employee health insurance options, standard and supplemental retirement plans, NC Flex (a variety of high-quality, low-cost benefits on a pre-tax basis), and paid vacation, sick, and community service leave, to name a few. Paid parental leave is available for eligible employees. Some benefits require 30 + hours work/week for participation.