Appeals Divsion Assistant District Attorney

Job Description

Job Description

Salary: $75,000

ASSISTANT DISTRICT ATTORNEY (APPEALS DIVISION)

An assistant district attorney assigned to the Appeals Division represents the Commonwealth in accordance with the District Attorneys statutory authority in the various courts in Essex County, the Supreme Judicial Court, the Supreme Judicial Court for Suffolk County, the Appeals Court and courts in other counties. An assistant district attorney assigned to the Appeals Division works under the supervision of the Appeals Division Chief; is an employee of the Commonwealth of Massachusetts; and serves at the pleasure of the District Attorney.

CASE RESPONSIBILITIES:

Handle matters assigned by the Appeals Division Chief, the District Attorney, or his designee, including but not limited to:

• Research, draft, and file briefs and other pleadings for defendant and Commonwealth appeals and other post-conviction matters in the Appeals Court, Supreme Judicial Court, and Supreme Judicial Court for Suffolk County

• Present oral arguments in the appellate courts and Supreme Judicial Court for Suffolk County

• Research, draft, and file responses to applications for interlocutory appeal, gatekeeper petitions, petitions pursuant to G.L. c. 211, 3, motions for stay of execution of sentence filed in an appellate court, and other similar pleadings, and review similar pleadings drafted by trial ADAs

• Review cases for possible appeal by Commonwealth and in cases selected for appeal, research, draft, and file applications for interlocutory appeal and handle subsequent appellate proceedings, including filing brief and presenting oral argument

• Respond to certain post-conviction pleadings in Superior and District Court including research, draft, and file pleadings and present oral arguments

• Monitor pending appellate cases including taking action to assure timely assembly of appellate record and responding to defense counsel requests

• Provide advice, and perform research and other litigation support for trial court assistant district attorneys, including second seat and search warrant review

• Issue case up-dates to ADAs and others

• Perform additional special projects

Other duties as may be assigned including:

• Summonses, subpoenas, requests for public records
• Expungement and sealing requests

• Brady database updates

• On-call police advisory duty and duty DA

• Matters before the Parole Board and Advisory Board of Pardons, the Board of Bar Overseers, and the Appellate Division of the Superior Court

• Legislative drafting

• Community meetings or other job-related outreach or activities

TRAINING:

• Draft training materials for police officers, assistant district attorneys, victim-witness advocates, and others.

• Participate in or conduct training sessions as assigned.

KNOWLEDGE / SKILL:

• Be familiar with relevant case law, court rules, standing orders, statutes and legal commentary, including the Rules of Professional Conduct.

• Set priorities and adjust when necessary.

• Conduct thorough factual investigations when necessary.

• Participate in relevant training sessions.

• Exercise sound judgment, including in determining which matters require consultation with Appeals Division Chief.

NOTIFICATIONS:

• Communicate with or provide timely notification to staff including victim-witness advocate and media relations personnel, and judicial and law enforcement personnel

• Communicate with Appeals Division Chief or other appropriate ADA on complex or sensitive matters and keep Appeals Division Chief informed of status and developments of matters in a timely manner

An assistant district attorney assigned to the Appeals Division performs whatever other duties at whatever job-site as may from time to time be assigned to her/him by the District Attorney, the Appeals Division Chief, or other designee of the District Attorney.

An assistant district attorney assigned to the Appeals Division is required:

• To be familiar with and to follow the provisions of the District Attorneys Office Personnel Policies (including the provisions with respect to the private practice of law) and the Sexual Harassment Protocol;

• To participate in trainings relevant to Office functions;

• To communicate with or provide timely notification to Office staff, police and other interested parties, as permitted and/or required by law;
• To interact in a respectful and professional manner with the public, judicial and law enforcement personnel, and Office staff; and

• To complete work assignments in a timely manner and to inform Appeals Division Chief of any inability to complete assignments within deadlines.

The essential functions of the position require the effective ability to receive and distribute information in written, oral, and electronic form in the English language.

EDUCATION AND EXPERIENCE:

• J.D. Degree from an accredited law school and a member of good standing of the Massachusetts Bar