Staff Attorney II

Description

The Kentucky Innocence Project located in DPA at the Frankfort office has a position open for a staff II attorney to assist with intakes, record reviews, teaching duties, investigations, case reviews and litigation. The KIP program is multi-faceted and involves teaching duties at three law schools through externship programs as well as engaging in active litigation. More information about KIP is located here: https://dpa.ky.gov/kentucky-department-of-public-advocacy/about-dpa/kip/

The Staff Attorney II will have primary responsibility for identifying which cases are suitable to return to court and then representing those clients. This position will also require that the staff attorney work with law students reviewing records, investigating cases and will have some teaching responsibilities at the law schools.

DPA is one of the few state agencies that has an internally located innocence project whose program is integrated into the public defender program. The Kentucky Innocence Project (KIP) is part of the national innocence network. The KIP team locates those inmates that have been wrongfully convicted and seeks exoneration of those defendants through the development of new evidence and litigation. KIP has secured more than 20 exonerations since it was started.

Cases often include issues such as government misconduct or development of forensic evidence which was either overlooked at trial or based on outdated and faulty science. There is no feeling that quite equals the experience of walking your client out of the courtroom after years of wrongful incarceration – if you find this kind of work exciting and interesting you should consider applying.

Skills And Expectations Include, But Are Not Limited To

• A strong desire to locate those individuals who are serving sentences and who have been wrongfully convicted.
• Good communication skills, both orally and in writing and a desire to develop in the area of post-conviction work.
• Good presentation skills, suitable for teaching classes.
• Desire to work with law students and assist with their legal development.
• Experience working under federal and state grants, collecting data and periodic reporting.
• A clear commitment to the future of the Kentucky Innocence Project as a prominent part of the services offered by the DPA.
• Past experience with innocence cases is a plus.
  
  

Responsibilities Include But Are Not Limited To The Following

• Identifies cases during intake process that should be activated and investigated.
• Handles post-conviction litigation for indigent clients by promptly interviewing clients and maintaining contact through conclusion of the case.
• Maintains notes and records of pertinent case facts sufficient to provide proper client representation and properly documents the physical file and case management system.
• Obtains knowledge of cases through review of case file and investigation sufficient to make a decision regarding disposition.
• Requests investigation in appropriate cases. Seeks expert funding in appropriate cases.
• Reviews results of investigation and litigation options with clients.
• Researches complex legal issues and writes clear, concise post-conviction pleadings.
• Timely files post-conviction pleadings in all state courts and federal courts, when appropriate and insures copies are placed in the client's file.
• Develops a theory of the case and refines the theory through case reviews and brainstorming when necessary.
• Develops a method of organization for handling post-conviction litigation with a consistent, well-developed theory and presents with integrity a vigorous, effective, ethical case in pleadings, evidentiary hearings, and oral arguments.
• Considers all avenues of relief for clients, including negotiation, approved civil actions, or federal habeas petitions and pursues where appropriate.
• Works collaboratively with other attorneys and staff on legal issues.
• Assists with teaching at law schools when requested.
  
  

Minimum Requirements

EDUCATION: See Special Requirements.

EXPERIENCE, TRAINING, OR SKILLS: Must have one year of experience as a licensed attorney in the practice of law or one year of supervised practice under Kentucky Supreme Court Rule (SCR) 2.116, or a combination totaling at least one year of experience.

Substitute EDUCATION for EXPERIENCE: A Master of Laws degree (LL.M.) will substitute for the one year required experience.

Substitute EXPERIENCE for EDUCATION: NONE

SPECIAL REQUIREMENTS (AGE, LICENSURE, REGULATION, ETC.): Must be admitted to practice law and in good standing in the Commonwealth of Kentucky OR comply with Kentucky Supreme Court Rule (SCR) 2.111 (limited certification of admission to practice), SCR 2.112 (attorney participants in defender or legal services programs), SCR 2.117 (practice pending admission). Must maintain any required licensure(s), certification(s), or other credentials for the length of employment in this job classification. Employing agency is responsible for ensuring employee possesses and maintains required licensure(s), certification(s), or other credentials.

Working Conditions

Duties are performed primarily in both office and courtroom settings. Travel is required.