Assistant County Attorney

The purpose of this position is to perform professional legal work assisting the County Attorney in carrying out duties as legal counsel, such as criminal prosecution for Crow Wing County.  Work is performed under the general supervision of the First Assistant County Attorney and County Attorney.

The following duties are normal for this job.  These are not to be construed as exclusive or all-inclusive.  Other duties may be required and assigned.  Not every incumbent performs each and every duty listed below on a regular basis; however each incumbent must be able to perform all tasks of the County Attorney’s Office.  

• Prepares and presents cases brought before the court in civil and criminal matters; prepares briefs, appeals and other legal documents.
• Advises and represents County Commissioners, elected county officials and county employees on legal matters.
• Assists county employees with interpretation of statutes, rules, ordinances, regulations and other legal matters including legal correspondence.
• Researches, analyzes and prepares written memoranda as necessary.
• Responds to inquiries from the public, other agencies and the media when appropriate.
• Attends public hearings to render legal assistance as required.
• This position is expected to perform after hours and on-call duty as required.
• Performs all other duties that may be required, requested and/or as needed or apparent.
  
  

Criminal Prosecution

Criminal prosecution includes all petty misdemeanor, ordinance violations, misdemeanor, gross misdemeanor, felony, serious felony, juvenile certification proceedings, extended jurisdiction juveniles (EJJ), juvenile delinquency, juvenile traffic offenses, juvenile alcohol offenses, juvenile petty and status offenses.  Prosecution includes all criminal prosecution for municipalities within the county that contract with the county prosecution services.

• Determines appropriate charges after reviewing and evaluating investigative reports, including follow-up communication with investigating officers.
• Prepares criminal complaints, legal notices, legal memoranda and other legal documents as required.
• Prepares search warrants, arrest warrants, subpoenas, grand jury subpoenas, administrative subpoenas, notices, trial briefs, memoranda, motions, jury instructions, complaints petitions, findings, orders, affidavits, applications and orders for pen registers and wiretaps, and forfeiture pleadings.
• Appears and argues on behalf of the state at bail hearings, extradition hearings, pretrial hearings, sentencing hearings, court trials and jury trials.
• Negotiates settlements of cases when necessary and recommends sentences to the court.
• Prepares all required applications and orders regarding extradition cases including obtaining prisoners from other states and returning prisoners to demanding states.
• Reviews law enforcement policies and procedures to ensure compliance with changing legal requirements due to changes in case law, statues, rules, ordinances, and regulations.
• Performs training for law enforcement officers and issues advisory memoranda related to criminal prosecution and procedure.

• Responds to, prepares and argues appeals to the Minnesota Court of Appeals and Minnesota Supreme Court. 
• Responds to, prepares and argues post-conviction relief proceedings. 
• Responds to motions for new trial when necessary.
• Responds to, prepares and argues petitions and writs to Federal court.   Responds to, prepares and argues appeals of administrative proceedings.

• Reviews referrals from child support staff and determines appropriate legal remedy.
• Performs drafting of legal pleadings including summons, complaints, motions, orders to show cause, finding of fact, conclusions of law, orders for judgment, affidavits, legal memoranda, garnishment documents, wage withholding orders, briefs and other legal documents as necessary.
• Conducts discovery proceedings including depositions, requests for paternity testing, interrogatories, and demands for production of documents.
• Appears in court to argue motions, present evidence, seek requested relief, and pursue cases through jury trial to establish paternity.
• Conducts post-judgment proceedings as necessary to enforce the order of the court and seeks appeal of orders when necessary and/or responds to appeals filed by opponents.
• Prepares and argues appeals to the Minnesota Court of Appeals and the Minnesota Supreme Court.

• Researches legal questions posed by Crow Wing County Community Services’ staff; prepares appropriate written and oral responses.
• Provides legal representation and guidance at hearings for all Community Services’ employees subpoenaed to give testimony and/or produce department records.
• Provides legal guidance with regard to maltreatment and abuse determinations to child protection team and staff; assists with administrative appeals of said determination.
• Reviews vulnerable adult reports and determines appropriate legal remedy; prepares appropriate legal documentation and all required legal work to pursue chosen remedy.
• Reviews pre-petition screening reports, medical and psychological reports, consult with expert witnesses, psychiatrists, psychologists, and physicians; drafts appropriate commitment pleadings.
• Appears at detention, probable cause, commitment and involuntary neuroleptic medications (Jarvis) hearings to present evidence to prove commitment petition.
• Attends and participates in placement review proceedings in court and in administrative hearings.
• Reviews law enforcement and Community Services’ reports with regard to child protection matters including children in need of protection or services (CHIPS), runaways, truants and other child protection issues.
• Prepares appropriate legal pleadings to initiate child protection proceedings in court.  Appears in court for initial, detention, motion, pretrial, trial disposition and review hearings.
• Drafts all findings of fact, conclusions of law and court orders related to out of home placements.
• Prepares appropriate pleadings for required changes to court ordered dispositions and files appeals and responses as necessary.

• Advises Crow Wing County Land Services on legal issues related to the interpretation, administration and enforcement of the Crow Wing County Planning and Zoning Codes/Ordinances and associated Statutes and Rules.
• Represents Crow Wing County in litigation enforcing the above-cited ordinances, and in appeals brought by entities affected by said ordinances.
• Provides legal advice to the Crow Wing County Board of Adjustment, the Crow Wing County Planning Commission, and the Crow Wing County Board of Commissioners regarding the above-described issues.
• Attends meetings of the Crow Wing County Planning Commission and Crow Wing County Board of Adjustments.

• Valid state issued driver’s license
• Graduation from an accredited undergraduate university or college
• Graduation from an accredited law school
• Licensed to practice law in the State of Minnesota
• Completion of the MN State and multi-state bar examination and professional responsibility examination
• Working knowledge of applicable federal, state and local laws, rules, regulations, and ordiancnes and established precedent

• Knowledge of federal, state, and local laws, rules, regulations, and ordinances
• Ability to perform addition, subtraction, multiplication, and division; calculates percentages and decimals.
• Ability to read a variety of professional, legal, and administrative documents and proposals.
• Ability to produce a variety of reports.
• Ability to communicate orally and in writing and to be able to effectively argue for the appropriate position.
• Ability to make effective presentations to large and small groups as required.
• Ability to communicate effectively and professionally with internal and external customers
• Ability to resolve problems on a timely basis while under pressure.