Assistant Appellate Defense Attorney

ASSISTANT APPELLATE

DEFENSE ATTORNEY

We are looking for an experienced appellate attorney to join our team as a lateral hire and play a critical role in shaping Utah's criminal law, ensuring that people’s constitutional right to appeal is protected. As an Assistant Appellate Defense Attorney, you will manage a caseload of approximately 15-18 appeals per year, reporting to and assisting the Criminal Appeals Division Head.

In this fast-paced and dynamic office, you will be on the front lines of challenging complex legal landscape shifts—from fighting unconstitutional sentences, improper propensity evidence, and unlawful seizures to ensuring every client receives the effective assistance of counsel, impartial juries, and accurate jury instructions.

POSITION DETAILS & COMMITMENT
-Salary – $54.00 - $63.00/hr
-FT/PT Status – Full-Time
-Work Format – Hybrid (At least two days in office – 370 E South Temple, Suite 500, Salt Lake City, UT 84111; attendance at both virtual and in-person meetings; state-wide travel required)
-Schedule Code – B - Competitive Career Service (Employment in this position requires a probationary period.)
-Background Check Required – You must successfully pass a criminal history check.
-Application Deadline – 11:59 PM (MDT) on September 25, 2026

KEY RESPONSIBILITIES

• Zealously and compassionately advocate on behalf of clients at every stage of the appellate proceeding.
  
• Prepare adult criminal appeals by conducting legal research, reviewing case files and court records, and meeting with clients (you may also be asked to assist in juvenile delinquency, child welfare, and postconviction appeals).
  
• Litigate Rule 4(f) (Manning) motions in the district court to reinstate deprived appellate rights, and draft Rule 23B motions to develop factual records for ineffective assistance of counsel claims.
  
• Ensure clients are consistently heard, respected, and represented without judgment.
  
• Draft appellate briefs and petitions for writ of certiorari, and argue cases before the Utah Court of Appeals and the Utah Supreme Court.
  
• Collaborate with your peers by editing and reviewing appellate briefs filed by other attorneys in the office.
  
• Assist the Division in drafting amicus briefs.
  
• Help develop and implement continuing legal education (CLE) training for trial and appellate attorneys around the state regarding criminal law, criminal procedure, and appellate strategy.
  

QUALIFICATIONS

• Minimum Requirements: J.D. from an accredited law school. Must be an active member in good standing of the Utah Bar (or active in another state bar and eligible for admission by motion into the Utah Bar). Must possess excellent oral and written communication skills and a deep interest in indigent defense.Must understand the requirements for appellate representation in the adult criminal legal system in Utah, with a proven ability to navigate complex preservation hurdles by skillfully arguing plain error, structural error, and the exceptional circumstances doctrine.
  
• Experience Level: 3+ years of appellate practice required. The rate of pay will depend on the years of experience practicing appellate law, with experienced attorneys being compensated higher than recent clerks. The high end of our salary range will be available only to lateral hires with at least 5 years of active appellate defense experience. 
  
• Ideal Candidate Traits: Experience handling oral arguments before Utah’s appellate courts and mooting co-workers on the same is preferred. Appellate clerkship, Law Review experience, and fluency in Spanish are considered major pluses.
  

ABOUT THE UTAH INDIGENT APPELLATE DEFENSE DIVISION (IADD)

IADD, within the Office of Indigent Defense Services, is the only statewide appellate office serving indigent people in Utah. Our mission is to protect and defend the rights and dignity of each of our clients through zealous, compassionate, and client-centered advocacy. We provide appellate defense services to indigent individuals in third through sixth-class counties, focusing on adult criminal appeals, juvenile delinquency, and child welfare/parental termination cases.

To understand the important work our office does, please consider looking at the following representative cases:

• State v. Mclain, 2026 UT App 4, 585 P.3d 707 (reversing serious felony convictions because the district court failed to ensure the defendant's waiver of the Sixth Amendment right to counsel was knowing and intelligent before permitting self-representation).
  

• State v. Abonza, 2025 UT App 101, 574 P.3d 996 (affirming the suppression of evidence and dismissal of charges because police lacked probable cause to arrest a vehicle passenger for public intoxication, and rejecting the State's speculative application of the inevitable discovery exception). 
  
• State v. Correa, 2024 UT App 69, 549 P.3d 679 (reversing drug convictions because an officer's knowledge that a driver was unlicensed two months prior was too stale to establish the reasonable suspicion required for a Fourth Amendment investigatory stop)
  
• State v. Swearingen, 2023 UT App 155, 541 P.3d 303 (vacating drug convictions because the trial court abused its discretion by excluding highly probative evidence of a confidential informant's subsequent arrest, violating the defendant's right to expose witness bias on cross-examination).

WHY YOU SHOULD JOIN OUR TEAM
Working with IADD gives you direct, hands-on appellate experience alongside a hard-working, passionate team with diverse expertise. Whether you are fighting a non-merit procedural dismissal, litigating a structural error, or helping trial attorneys avoid preservation traps, this is a position with immense capacity to grow your professional skills, capabilities, and commitment to justice. The State of Utah offers a highly competitive benefits package. Click HERE to review.

EEO STATEMENT
The State of Utah is committed to equal employment opportunity regardless of race, color, ancestry, religion, sex, national origin, sexual orientation, age, citizenship, marital status, disability, gender identity, or Veteran status. We also consider qualified applicants regardless of criminal histories, consistent with legal requirements. For accommodations, please contact (801) 957-9390.

Recruiter - Sarah Humphries; shumphries@utah.gov

Salary

• $54 - $63/hour