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Term Research and Writing Attorney- Capital Habeas Unit (CHU)

National Legal Aid & Defender Association

Position Description

ABOUT CHAPTER 154 (OPT-IN) & THIS ROLE:

In July 2026, the State of Tennessee received certification under Chapter 154 ("Opt-In"), a specialized statutory framework that significantly alters federal habeas corpus procedure in capital cases. Opt-In imposes shortened statutes of limitations, strengthens procedural default doctrines, curtails execution stays, and requires fast track disposition of all claims. The successful candidate will serve as Opt-In Litigation Counsel, handling a dedicated caseload affected by Chapter 154. This role involves complex constitutional and statutory challenges to the applicability and operation of Chapter 154, detailed investigation and review of historical state post-conviction appointment mechanisms, and direction of complex, expedited habeas investigation and litigation. Duties Serve as Opt-In Research and Writing Counsel for capital clients, directing fact investigation and litigating issues concerning the threshold applicability, retroactivity, and constitutionality of Chapter 154. Re-investigate the state post-conviction mechanism to develop factual records regarding the appointment and competency of state post-conviction counsel, their compensation, and available litigation expenses under 28 U.S.C. 2261. Prepare complex, fact- and law-intensive pleadings, emergency stay applications, and district and circuit court briefs under accelerated statutory deadlines. Work closely with a multidisciplinary team, including co-counsel, paralegals, investigators, mitigation specialists, and experts. Travel as required and work outside normal business hours and on weekends as required by litigation schedule. #J-18808-Ljbffr National Legal Aid & Defender Association

Vacancy posted 3 days ago
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