Job Description

Colorado’s Office of the State Public Defender (OSPD) maintains a reputation as one of the top organizations in the nation specializing in the delivery of indigent criminal defense. We operate as an independent agency within the Judicial Branch of Colorado State Government with nearly 1,000 dedicated employees assigned to twenty-one Regional Trial Offices, a centralized Appellate Division, and a centralized Administrative Office. The mission of OSPD is to defend and protect the rights, liberties and dignity of those accused of crimes who cannot afford to retain counsel. We do so by providing constitutionally and statutorily mandated representation that is effective, zealous, inspired, and compassionate.

We seek to hire professionals who are dedicated to furthering our mission and demonstrate compassion in their service to our clients. We are a fast-paced, team-oriented environment, where self-motivation and a personal commitment to high performance are important attributes for success.

ESSENTIAL DUTIES AND RESPONSIBILITIES:
(Employees must be able to perform the essential functions of the job, with or without reasonable accommodation)

Management and Supervision

• Performs supervisory duties for all Office staff including participating in interviews and selection, making recommendations or determination for hiring, discipline, assignments and promotion, and overseeing training, development and orientation activities.
• Reviews, updates and develops Office procedures and processes ensuring alignment with organizational policies. Leads Office meetings, activities and work groups.
• Acts as a representative of the Office and organization to the courts and other agencies in the resolution of issues and conflicts.
• Provides oversight to the training and orientation of Office staff and interns. Trains less experienced attorneys in managing and working through all aspects of a case.
• Develops training presentations, tools, and materials and acts as an instructor in the agency’s formal training programs and fall conference as well as in-house training and mentoring programs in the assigned Office.
• Manages caseloads and special assignments among staff members.
• Serves as a resource to assist less experienced lawyers in resolving complex and difficult ethical matters related to the attorney-client relationship and in applying the Colorado Rules of Professional Conduct.
• Attends Management conferences as a representative of the Office. Provides advice and feedback to the State Office and the OSPD executive management team.
• Conducts specials projects as assigned by the State Office management Team. Prepares reports and presentations; and provides recommendations.
• Serves on a variety of regional and organization committees and work groups as assigned and necessary.

Case Management

• Manages a small caseload representing a wide range of felony cases in varying stages of litigation to provide legal representation for indigent clients. Assumes case assignments through felony and homicide rotations including, but not limited to, complex felony cases, high profile cases, and homicides.
• Handles all aspects of a case, from bail review, plea bargaining, pre-trial and trial preparation through disposition, and post-conviction/post-adjudication matters as assigned. Appears, or leads a team of attorneys appearing, in all court hearings and related proceedings concerning assigned cases on behalf of client.
• Maintains client contact by phone, appointments, video or institutional visits. Advises and keeps client apprised throughout legal proceedings including, but not limited to, rights the client has, attorney obligations to client, consequences of client decisions, potential case outcomes, progress of investigations, content of negotiations, and meaning of court rulings. Incorporates client case and litigation goals into advocacy. Responds promptly to client calls and correspondence; and, treats all clients with compassion and respect.
• Documents client files with all relevant information including, but not limited to, court appearances, deadlines and dates; investigation requests and materials; and, comprehensive notes of all contacts with clients and others relating to the case. Updates and closes files consistent with Public Defender policy.

Case Preparation and Litigation

• Advises the client of charges and possible penalties, the client’s rights, the legal process, and the scope and nature of the attorney-client relationship. Handles difficult situations that arise such as, responding to client questions regarding the line of defense, with little to no assistance from the supervising or managing attorney. Identifies the client’s concerns and priorities; and, any special circumstances such as, mental health issues and/or other pending cases that may impact representation.
• Serves as an expert or resource with a master level of practice, applying sophistication and creativity in formulating and litigating complex defenses, theories and strategies, and pursuing investigative and other mitigation needs as appropriate.
• Pursues advantageous plea agreements and seeks a joint resolution of all of the client’s pending cases, including cases in other jurisdictions.
• Writes thoroughly researched and persuasive motions, briefs and pleadings. Litigates complex issues through a tiered motions practice that challenges the law and makes innovative arguments, under current law. Litigates complex issues including, but not limited to, mental health competency, child hearsay, rape shield, DNA, and habitual criminal.
• May act as first chair in the most complex felony cases and homicides, leads the defense team throughout all aspects of trial, and trains and mentors less experienced lawyers developing their practice.
• Demonstrates a broad knowledge of trial proceedings and potential outcomes: how to lay a proper foundation for impeachment evidence; preserve legal issues for appeal; identify and object to prosecutorial misconduct; and, make appropriate arguments for a judgment of acquittal.
• Presents strong sentencing arguments, incorporating mitigation evidence and arguments, pre-sentence reports or evaluations, alternative sentencing laws, and use of community resources to gain the least severe sentence for even the most serious convictions.
• Advises client of appellate and post-conviction rights and deadlines. Provides the appropriate representation or timely refers the case to the appellate office consistent with Public Defender policy. Handles post-conviction matters as assigned or appointed.
• Communicates with opposing counsel, judges, and others in the legal community in a persuasive and professional manner; and, exercises sound judgment to achieve desired results. May assist the Office Head in representing OSPD positions on adversarial policies or practices in the jurisdiction.
• Demonstrates a commitment to diversity, equity, and inclusion. In collaboration with leadership teams and human resources, ensures compliance with employment laws and practices to promote diversity, equity and inclusion in the areas of recruitment, hiring and promotional opportunities; employee recognition; training and development; and, encouraging full utilization of employees’ skills and talents.
• Travels to other offices and work locations as required.
• Performs other duties as assigned.