Deputy Prosecuting Attorney I (Civil)

GENERAL STATEMENT OF DUTIES

The Civil Deputy Prosecuting Attorney is an experienced attorney position responsible for the county’s civil legal needs which may include open meetings attendance and compliance, relevant document drafting such as ordinances and resolutions, and the prosecution or defense of civil cases such as child protection cases, civil asset forfeitures, mental commitments, and other civil cases filed against the county.  

CLASSIFICATION SUMMARY

A Civil Deputy Prosecuting Attorney’s duties include providing legal advice to county officials and employees on a wide variety of issues such as ordinances, planning and zoning issues, procurement, foreclosures, bankruptcy, county assistance, negotiating and reviewing contracts, representing the county in legal actions or litigation, preparing legal pleadings, forms, orders, contracts and other paperwork, attending court hearings and other proceedings, and negotiating civil settlements.  

The Civil Deputy Prosecuting Attorneys work under the direction of the Prosecuting Attorney and Chief Deputy Prosecuting Attorney with considerable latitude to exercise independent judgment and initiative within their primary department and office assignments, and each is available to assist the other and the Prosecuting Attorney.  The principal duties of the Civil Deputy Prosecuting Attorney are performed in the office and the courtroom, with on-call rotation assignment to respond to legal issues from law enforcement officers, defense attorneys, judges, and other prosecuting attorneys.

EXAMPLES OF WORK (Illustrative Only)

Essential Duties and Responsibilities

• Attends public meetings of the County Commissioners and Planning and Zoning Commission as assigned to provide counsel regarding Open Meetings Law compliance, public hearing procedure and due process, and respond to questions from County officials, employees, and citizens in a courteous and timely manner;
• Provides advice and counsel to Board of County Commissioners, Assessor, Clerk-Auditor-Recorder, Coroner, Sheriff, Treasurer, and other county departments including Indigent Assistance, E-911 Board, Fair Board, Cooperative Extension, Noxious Weed Control, Pest Control, and Solid Waste regarding employment law, real estate contracts, quiet title, foreclosures, bankruptcy, procurement of goods and services, disposition of property, construction contracts, joint powers agreements, and other county business;
• Drafts transactional documents, memorandums, ordinances, resolutions, pleadings, and correspondence;
• Prosecutes civil actions and defends the county in all phases of contested administrative and civil judicial proceedings through execution of judgment or resolution;
• Directs staff in the preparation of pleadings, forms, orders, contracts, and other paperwork;
• Interacts, mediates, and negotiates with opposing counsel, judges, office staff, other agencies, and law enforcement entities;
• Assists in onboarding and offboarding of employees and various related tasks to include training and technology;
• Assists in regular legal updates, training, and court preparation for law enforcement agencies including the Elmore County Sheriff's Office, Mountain Home Police Department, Idaho Fish and Wildlife, and Idaho State Police.
• Performs time management and scheduling functions, meets deadlines, and sets project priorities;
• Maintains strict confidentiality in all cases;
• Interacts with county employees, customers, and the general public effectively and professionally, while maintaining confidentiality as appropriate; and 
• Performs other duties as assigned by the Elmore County Prosecuting Attorney consistent with county and office policies and procedures.

POSITION REQUIREMENTS:

The requirements listed below are representative of the minimum knowledge, skill, and ability required to satisfactorily perform each essential duty required for this position.

Knowledge of:

• Administrative law, civil procedure, and a variety of subject areas, including contracts, constitutional law, local and municipal government, and real property law;
• State and federal laws affecting county government;
• Drafting statutes or county ordinances;
• Law office technology and research methods;
• Negotiation techniques and methods;
• English grammar, spelling, punctuation, and composition.

Skill and Ability to:

• Analyze, appraise, and organize facts, evidence, and precedents in determining the various aspects, alternatives, and possible outcomes of cases;
• Appear without assistance in court and other judicial proceedings to present evidence, arguments, testimony, and witnesses before a judge or jury;
• Make significant legal decisions in individual cases based on a combination of factors including the law, policy, and rules of ethics;
• Negotiate complex legal issues;
• Bring interested and affected parties to consensus;
• Discern critical issues and needs of the County through negotiation;
• Communicate effectively, both orally and in writing, for purposes of advocating, persuading, negotiating, and counseling for or on behalf of the County or State;
• Analyze, appraise, and organize facts and precedents and present arguments clearly and logically;
• Present and argue cases and handle unanticipated problems smoothly and effectively;
• Proficiently operate computers and software programs, including case management, e-filing, Microsoft Office, and similar office software to create documents and other materials, maintain information, and generate reports;
• Follow verbal and written instructions;
• Work independently and exercise initiative, with general guidance and supervision;
• Maintain a professional demeanor at all times;
• Perform a wide variety of duties and responsibilities with accuracy and speed under the pressure of strict deadlines;
• Demonstrate integrity and ingenuity in the performance of assigned tasks and solving problems;
• Maintain strict confidentiality.

MINIMUM EXPERIENCE AND TRAINING:

• Graduation from an accredited college or university with a bachelor's degree, and;
• Graduation from a law school accredited by the American Bar Association with a Juris Doctorate Degree, and;
• License to practice law in the State of Idaho, and;
• Eligibility for membership in the Idaho Prosecuting Attorney's Association.

PHYSICAL DEMANDS & WORK ENVIRONMENT:

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this position.   Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

• A Civil Deputy Prosecuting Attorney is frequently required to stand, sit, stoop, kneel, bend, use hands to type, handle materials, manipulate tools, and reach with hands and arms.  
• A Civil Deputy Prosecuting Attorney must occasionally lift or move up to 25 pounds.  
• A Civil Deputy Prosecuting Attorney must have adequate vision, including close vision, distance vision, and ability to adjust focus.  
• A Civil Deputy Prosecuting Attorney must have sufficient clarity of speech and hearing abilities to permit them to discern verbal instructions and communicate effectively in person and by telephone.        
• A Civil Deputy Prosecuting Attorney works in the office and in the courtroom where the noise level in the work environment is usually moderate.  
• A Civil Deputy Prosecuting Attorney is a Fair Labor Standards Act exempt employee, is almost always required to work more than forty hours per week and may be exposed to emotional and violent people who may create risk to personal safety.