BDS is a public defense office representing low-income New Yorkers in criminal, family, immigration, and civil legal matters. Our work with clients is focused on the intersection of the legal systems that disproportionately impact people in Brooklyn who are primarily Black, Indigenous, and People of Color (BIPOC) living below the poverty level.

BDS represents thousands of people each year who have diverse, complex, and multi-faceted legal needs. In addition to a zealous legal defense, our interdisciplinary teams of attorneys, social workers, and advocates provide a wide range of legal and advocacy services, including housing, public benefits, education, and employment issues.

The Homicide Unit utilizes a team approach in the representation of clients, with an attorney, investigator, and social worker assigned from the inception of the case who conduct regular team strategizing and information-gathering sessions. In addition, the unit as a whole works very closely together in order to take advantage of the wealth of expertise of the unit’s attorneys and staff.

Because of the nature of homicide cases, the use of experts is a large part of the legal practice, including ID and false confession, medical and pathology, digital forensics, photogrammetry, and video enhancement as well as creative use of new types of experts. BDS has an in-house forensic unit that assists with all areas of expert testimony, but attorneys should be prepared to build their own expertise in the wide range of forensic and scientific evidence that are collected or are necessary to defend a homicide case.

Responsibilities:

• Directly represent clients in Brooklyn Criminal and Supreme Courts from intake through dismissal, plea or trial in the most serious and complex cases including major felonies and homicide.
• Foster strong attorney/client relationships.
• Work collaboratively on interdisciplinary case teams with experienced investigators, social workers with mitigation expertise, attorneys specializing in appellate issues, forensic/DNA expert/attorneys, paralegals, and admins.
• Work closely with experts including ID and false confession, medical and pathology, digital forensics, photogrammetry and video enhancement as well as develop creative uses of new types of experts.
• Participate in a rotation to be available to appear at the arraignment of a homicide case or other case deemed appropriate for the unit on weekdays, nights, weekends, and holidays.
• Prepare for and litigate hearings and trials in Supreme Court, as well as collateral administrative tribunals.
• Prepare and argue written motions, argue in court regarding discovery, answer legal motions filed by the District Attorney’s office and other legal written and oral arguments in cases assigned to the attorney.
• Collaborate with other BDS staff from our housing, immigration, family defense and education practices to provide comprehensive assistance to clients.
• Meet regularly with supervisor to review caseload, discuss case strategy, and prepare for trial.
• Be an advisor to the client when decisions are made about the case.
• Meet with family members or other support networks as client requests.
• Additional responsibilities as assigned.

Qualifications:

• Admission to the New York Bar, or ability to become admitted in New York.
• At least five years of prior experience as a criminal defense attorney, although more than five years is preferred.
• Meet minimum homicide requirements (see application questions), or be close to meeting the requirements.
• Demonstrated ability as a litigator in the courtroom.
• Strong interpersonal skills with clients, family members and friends.
• Excellent written work on legal motions and memorandum of law.
• Desire to delve deeply into cases, find factual and legal issues and utilize mitigation and social work services. This would include conducting multiple investigations in each case, fully exploring the prior record of the client as well as his/her life circumstances in detail as well as litigating multiple legal issues in each case.
• Work effectively in a team as described above, particularly as regards to collaborating with the investigator and social worker on the case.
• The ability and dedication to work with experts and develop your own expertise in technical areas like DNA, fingerprint, hair analysis, cell phone triangulation, etc.

Position Information

This is a full-time, exempt, salaried position. The normal schedule is Monday to Friday 9am-5pm. The position is based at BDS’s offices, and the courts located in Downtown Brooklyn. There is a three-day per week in-person requirement for all attorneys. Attorneys are also expected to handle all of their own cases in court, as well as meet with clients as needed, even if that results in additional days in-person.

BDS determines salary on a pay scale based on education and experience. For this position, there is a base salary range of $80,000-$157,261, depending on the applicant’s education and experience. If accepted as a homicide attorney, the salary is a $10,000 differential above the attorney level salary.

BDS also offers comprehensive benefits including health and dental insurance, short-term disability and life insurance, a 403(b)-retirement plan with employer contribution, pre-tax commuter benefit, pre-tax flexible spending accounts, and above-average vacation, sick, holiday, family, and medical leave policies.

Application Instructions

Click “Apply Now” to submit a resume and letter of interest. Applications will be reviewed until the position is filled. Your letter of interest should include the following:

1. Number of trials conducted, specifying:

• felony or misdemeanor trials, listing the charges involved
• for each trial conducted were they sole counsel or co-counsel
• for each trial conducted as co-counsel were they lead counsel, second seat or they conducted examinations and made arguments before the court

2. Number of litigated motions conducted where testimony was taken specifying:

• felony or misdemeanor hearing listing charges involved
• for each hearing conducted whether as sole counsel or co-counsel
• for each hearing conducted as co-counsel were they lead counsel, second seat or they conducted examinations and made arguments before the court.

3. Number of trial cases conducted where there was cross-examination and/or direct examination of any of the following expert testimony, listing the nature and the number of each type of expert as follows:

a. ID or False Confession experts

b. Psychologists or Psychiatrists

c. DNA experts

d. Forensic Science experts

e. Medical doctors/ pathologists

f. Ballistics or fingerprint experts

g. Undercover officers

h. Lab technicians

i. Any other expert witness not mentioned above.

4. Number and nature of trial cases where there were motions litigating admission of expert testimony either for admission or exclusion

5. Number and nature of Frye motions and/or hearings

6. Types of cases where mitigation reports were used to affect the outcome of the plea or sentence, including Clayton motions (attach motion if possible)

7. Any complex legal motions prepared by the applicant. (attach motion if possible)

We suggest submitting your application by July 12, 2024.

Brooklyn Defender Services is a proud equal opportunity employer committed to celebrating diversity and maintaining an equitable and inclusive work environment. We strongly encourage candidates of all identities, expressions, orientations, disabilities, and experiences to apply. If you require an accommodation due to a disability or another reason, please contact the Managing Director, HR Manager, Christina Wallace, at cwallace@bds.org.