Public Defender

Job Description

Job Description

POSITION SUMMARY

The Lincoln County Public Defender serves as the chief attorney and administrative head of the Lincoln County Public Defender Office and is responsible for the development, leadership, management, and professional operation of the office. The Public Defender provides and oversees high-quality legal representation to indigent persons entitled to court-appointed representation under South Dakota law and exercises independent professional judgment in carrying out the constitutional and professional responsibilities of the office.

The Public Defender is responsible for establishing and administering the office, supervising attorneys and staff, managing caseloads and resources, and working collaboratively with County officials and other justice-system participants while maintaining the professional independence necessary to provide effective representation to clients.

- Juris Doctor degree from an accredited law school. 

- Admission to practice law before the Supreme Court of South Dakota and active membership in good standing at the time of appointment. 

- Significant criminal-law and litigation experience, including meaningful criminal-defense experience, sufficient to demonstrate competency to counsel and defend persons charged with crimes as required by SDCL 7-16A-5.

- Demonstrated courtroom and trial experience.

- Demonstrated leadership, judgment, communication, and organizational abilities necessary to administer a professional legal office.

- Substantial criminal-defense experience, including representation of indigent defendants. 

- Significant jury-trial experience, including complex or serious felony matters. 

- Supervisory, management, or leadership experience within a law office, governmental legal office, public defender organization, or comparable professional setting. 

- Experience managing professional personnel, budgets, case-management systems, or organizational policies. 

- Familiarity with South Dakota courts and criminal practice. 

- Demonstrated commitment to high-quality indigent defense and the professional independence of defense counsel.

Thorough knowledge of criminal law, criminal procedure, constitutional law, evidence, trial practice, and professional responsibility. Strong advocacy, legal research, writing, negotiation, leadership, management, and communication skills. Ability to supervise and develop attorneys and staff; manage competing administrative and litigation responsibilities; evaluate workloads and allocate resources; work effectively with clients, County officials, courts, and other justice-system participants; and exercise sound, independent professional judgment. High standards of integrity, professionalism, confidentiality, and public service.

Leadership and Administration

- Serve as chief attorney and administrative head of the Public Defender Office and establish its organizational structure, policies, procedures, professional standards, and strategic direction.

- Develop and administer systems for case assignment, workload management, supervision, conflicts of interest, timely and effective client communication, records, confidentiality, technology, and other operational matters.

- Establish practices promoting effective representation, manageable attorney workloads, professional development, accountability, and efficient use of public resources.

- Evaluate the effectiveness, caseload, staffing, and resource needs of the office and recommend appropriate changes.

Personnel and Supervision

- Assess personnel needs and make staffing recommendations consistent with SDCL 7-16A-6.

- Recruit and recommend for employment, as authorized by law, chief deputy and deputy public defenders, legal support personnel, investigators, and other employees necessary for operation of the office. 

- Direct, supervise, mentor, and evaluate office personnel; serve as a professional and legal resource to attorneys and staff; and establish appropriate expectations for performance, client communication, case preparation, courtroom advocacy, professionalism, and ethical compliance.

- Provide or arrange appropriate training and professional development and address personnel and performance matters consistent with applicable law and County personnel policies. 

Legal Representation and Case Management

- Provide professional legal representation to indigent persons entitled to representation by the Public Defender Office, including criminal, abuse and neglect, juvenile, mental-health commitment, and other matters within the statutory responsibilities of the office.

- Personally maintain an appropriate caseload consistent with the Public Defender's administrative, supervisory, and leadership responsibilities. 

- Represent clients at all appropriate stages of proceedings, including investigation, motions, negotiations, trials, sentencing, appeals, and post-judgment proceedings.

- Perform investigations, legal research, writing, negotiation, trial preparation, courtroom advocacy, and other professional services necessary to provide effective representation. 

- Establish and supervise systems for case assignment, case management, and identification of conflicts requiring substitute counsel.

Budget and Resource Management

- Develop and recommend the annual operating budget and administer the office within appropriated resources. 

- Identify and communicate staffing, facilities, technology, investigative, expert, training, and other resource needs necessary for effective operation of the office. 

- Work with appropriate County officials concerning financial and administrative matters and promote responsible stewardship of public resources consistent with the office's obligation to provide effective representation.

Professional Independence and Ethics

- Exercise independent professional judgment consistent with the South Dakota Rules of Professional Conduct, constitutional requirements, statutes, court rules, and applicable professional standards. 

- Maintain client confidences and privileged information and ensure that administrative relationships with County government or other agencies do not interfere with the professional independence or ethical responsibilities of the office. 

- Establish an office culture emphasizing professionalism, effective advocacy, integrity, accountability, respectful treatment of clients, and compliance with professional obligations. 

Courts, County Government, and Community Relations

- Maintain professional working relationships and appropriate coordination with the judiciary, State's Attorney's Office, court administration, Court Services, law enforcement, corrections, treatment providers, County officials, private attorneys, and other justice-system participants, consistent with the professional independence and responsibilities of defense counsel.

- Represent the Public Defender Office in appropriate governmental, professional, and community settings and provide appropriate information concerning office administration and operations to the Advisory Committee and County Commission while protecting confidential and privileged information. 

- Monitor developments in criminal law, indigent-defense standards, legislation, court rules, and professional practices and participate in appropriate training, professional organizations, community education, and recruitment activities.

Records and Reporting

- Maintain records and provide reports required by SDCL Chapter 7-16A, including reports concerning disposed cases and the annual report to the Public Defender Advisory Committee. 

- Develop appropriate statistical and management information concerning caseloads, workloads, case types, dispositions, staffing, and expenditures for administration and evaluation of the office.