Assistant Public Defender - Death Penalty

You will represent indigent death-sentenced clients in all stages of post-trial litigation and executive clemency. Post-trial litigation may include direct appeal, post-conviction, and federal habeas corpus litigation. You will join the Death Penalty Department, which emphasizes a client-centered, team approach to representation; you will most often be working with a team of attorneys, mitigation specialists, fact investigators, and core administrative staff.

To be successful in the position, you will:

• Have a strong commitment to indigent defense, and have the capacity and compassion to work with clients facing the ultimate penalty;
• Possess strong analytical and reasoning skills and be an effective and persuasive communicator – both written and verbal;
• Be able to work collaboratively as a member of a defense team, including accepting and providing constructive feedback;
• Continually engage in professional development, focusing on advancements in the law, forensics, psychology, and other related fields;
• Be able to think creatively to identify, develop, and litigate (with appropriate supervision and support) issues and theories during each stage of the proceedings, often with an emphasis on changing the narrative from the case presented at trial; and
• Maintain appropriate respect and professionalism with our clients, their families and supporters, victims and their families, witnesses, former jurors, attorneys, judges and courtroom staff, and others we encounter as we advocate for our clients.

The position does require in-office time; work-from-home opportunities will also be available, as approved.

Essential duties of the position include, but are not limited to, the following:

• Reviewing the capital trial record to identify potential errors and avenues for additional investigation;
• Investigating the facts of the underlying offense(s), the circumstances of the criminal trial and sentencing proceedings, the client’s personal and family history, and other relevant factors that have impacted the client’s development. This often includes investigating the impact of systemic racism, mass incarceration, childhood trauma, poverty, mental and physical illnesses, and other cultural and sociological experiences;
• Identifying and collaborating with experts in relevant fields, including capital defense (jury selection, trial practice, mitigation investigation, etc.), forensics, mental health, trauma, and other specialized areas of expertise as needed to fully investigate, prepare, and present the client’s case;
• Researching, briefing and arguing cases on direct appeal to the Ohio Supreme Court;
• Preparing and litigating post-conviction petitions, including discovery requests, evidentiary hearings, and appellate briefing and arguments;
• Preparing and litigating habeas petitions, including discovery requests, evidentiary hearings, and appellate briefing and arguments; and
• Advocating for executive clemency, including developing a compelling narrative case, working with supporters from various organizations, engaging in effective, strategic communication, and supporting the client throughout the difficult and complex process.

 **In your application, please attach a cover letter explaining your interest in capital defense work and a writing sample.  Applications without a cover letter and writing sample will not be reviewed.** 

Starting pay for this position will be at Step 1 unless required by contract/legislation; Candidates with exceptional qualifications may be considered for higher starting pay. Our steps give a standard path for earnings growth\: you move to the next step after 6 months and annually thereafter. We typically have fiscal year Cost of Living Adjustments as well.

The Office of the Ohio Public Defender complies with federal and state disability laws and makes reasonable accommodations for applicants and employees with disabilities. If reasonable accommodation is needed to participate in the job application or interview process, please contact the OPD HCM Department at 614-466-5394 or HCM@opd.ohio.gov.

Ohio is a Disability Inclusion State and strives to be a model employer of individuals with disabilities. The State of Ohio is committed to providing access and inclusion and reasonable accommodation in its services, activities, programs and employment opportunities in accordance with the Americans with Disabilities Act (ADA) and other applicable laws.

At the State of Ohio, we take care of the team that cares for Ohioans. We provide a variety of quality, competitive benefits to eligible full-time and part-time employees*. For a list of all the State of Ohio Benefits, visit our Total Rewards website! Our benefits package includes:

• Medical Coverage
• Free Dental, Vision and Basic Life Insurance premiums after completion of eligibility period
• Paid time off, including vacation, personal, sick leave and 11 paid holidays per year
• Childbirth, Adoption, and Foster Care leave
• Education and Development Opportunities (Employee Development Funds, Public Service Loan Forgiveness, and more)
• Public Retirement Systems (such as OPERS, STRS, SERS, and HPRS) & Optional Deferred Compensation (Ohio Deferred Compensation)

*Benefits eligibility is dependent on a number of factors. The Agency Contact listed above will be able to provide specific benefits information for this position.

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 4705.02.

Job Skills: Attorney/Legal, Client Advocacy, Reasoning, Responsiveness, Written Communication

The State of Ohio is a drug-free workplace which prohibits the use of marijuana (recreational marijuana/non-medical cannabis). Please note, this position may be subject to additional restrictions pursuant to the State of Ohio Drug-Free Workplace Policy (HR-39), and as outlined in the posting.

The Office of the Ohio Public Defender (OPD) is the state agency responsible for providing legal representation and other services to people accused or convicted of a crime who cannot afford to hire an attorney.

Our Mission: Advocating. Fighting. Helping.
Our Vision:    A Fair Justice System.
Our Values:   Compassion. Dignity. Equity. Integrity. Service. Community.

Our Commitment to Diversity, Equity and Inclusion:  Our commitment to inclusion is inseparable from our commitment to a fair justice system. We strive to ensure inclusive spaces and services for our staff, our clients, and Ohio’s diverse communities. We are committed to building a work environment where all our team members have a voice and can embrace our differences to innovate service to the public. We can best meet our public defense mission through a diverse workforce and an inclusive workplace, where employees thrive, our mission is accomplished, and Ohioans are served. #TeamOPD is grounded in diversity, equity, inclusion as we work together to pursue fairness and justice for all people. 

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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.

The final applicant tentatively selected for this position will be required to undergo a criminal background 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. 

All final applicants tentatively selected for this position will be required to submit to urinalysis to test for illegal drug use prior to appointment. An applicant with a positive test shall not be offered employment.

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).