POSITION: Public Defender
DEPARTMENT: Public Defender
WORK SCHEDULE: As Assigned
JOB CATEGORY: SO (Special Occupation)
STATUS: Full Time or Part Time
FLSA STATUS: Exempt
To perform this position successfully, an individual must be able to perform each essential function of the position satisfactorily. The requirements listed in this document are representative of the knowledge, skill, and/or ability required. Steuben County provides reasonable accommodations to qualified employees and applicants with known disabilities who require accommodation to complete the application process or perform essential functions of the job unless the accommodation would present an undue hardship.
Incumbent serves as Public Defender for the Steuben County Public Defender’s Office, responsible for responsible for providing indigent defense services in proceedings.
DUTIES:
Provides legal services to indigent defendants charged in criminal cases, respondents in juvenile
matters, and extradition proceedings, probationers in review or revocation proceedings, and
respondents in mental health and contempt proceedings.
Provides representation of assigned indigent defendants at all stages of proceedings, including preparing pleadings, documents, letters, research, and investigations.
Conducts factual and legal research as required to prepare for cases, including interviewing
witnesses and clients, taking depositions, investigating allegations and evidence, and reviewing
previous pleadings and discovery motions.
Assesses cases and negotiates plea bargains with Prosecutor when appropriate, ensuring best possible conditions for clients and satisfaction of their needs.
Prepares for hearings by sending subpoenas, preparing exhibits, viewing evidence, gathering pertinent information, preparing questions and arguments, determining trial strategy, and preparing defendants and witnesses for trial. Presents and argues cases before the Court.
Drafts motions, petitions, pleadings, legal memorandums, and briefs. Prepares a wide variety of correspondence, court documents, and letters to clients, the Court, prosecutors, and witnesses.
Researches changes and new developments in criminal and civil law, and legal procedures.
Cooperates with appellate counsel in appellate issues and of matters which may not clearly appear in the record.
Maintains caseload in accordance with standards established in Comprehensive Plan for Indigent Defense Services and requirements of Indiana Rules of Professional Conduct.
Provides initial interviews for clients in custody within 24 hours of the when the appointment was made and those not in custody within 72 hours.
Maintains individual case records showing services provided and hours served on each appointment, including types of cases, number or charges, and number of defendants as required.
Performs related duties as assigned and/or required by law.
I. JOB REQUIREMENTS:
Doctor of Jurisprudence with license to practice law in the State of Indiana, with five (5) years of experience with criminal law. Must be an admitted member in good standing with the Indiana Supreme Court.
Ability to complete and maintain continuing legal education as required.
Thorough knowledge of and comprehension understanding of how to find and research Federal and State statutes and State and local rules relating to defense of indigent clients.
Practical knowledge of standard procedures and practices of Department and County courts, with ability to effectively prepare and argue cases before the court.
Practical knowledge of and ability to effectively apply evidence collection and preservation techniques.
Working knowledge of Public Defender’s Department goals, objectives, and operational requirements, with ability to effectively develop and implement appropriate procedures accordingly.
Working knowledge of and ability to apply Federal, State, and local laws and ordinances to a wide variety of individual situations and circumstances for the preparation of cases and defense of clients before the Court and/or jury.
Working knowledge of client centered representation principles and values, structures, and processes necessary to implement principles in Public Defender Office.
Working knowledge of standard office procedures and computer software programs used by the Public Defender’s Office, with ability to apply such knowledge to a variety of interrelated processes, tasks, and operations.
Working knowledge of standard English grammar, spelling and punctuation, and ability to maintain complete and accurate files and prepare court/legal documents and reports within established deadlines.
Ability to prepare required recordkeeping and reports within five (5) days after the conclusion of each month.
Ability and willingness to effectively and fairly represent clients amidst potential controversy, unpopularity, and lack of support from the public.
Ability to conduct legal research and interview and/or investigate clients, witnesses, crime scenes, and other persons/areas as individual cases demand.
Ability to maintain accurate and organized files.
Ability to properly operate standard office equipment, including a computer, calculator, printer, and telephone.
Ability to perform job duties in compliance with the Indiana Code of Professional Conduct.
Ability to work alone with minimum supervision and with others in a team environment, rapidly for long periods, on several tasks at the same time, and under time pressure.
Ability to plan and make public speaking presentations.
Ability to compare or observe similarities and differences between data, people or things.
Ability to analyze, observe, investigate and evaluate data, and coordinate, place, make determinations, and act based on data analysis.
Ability to effectively communicate orally and in writing with co-workers, other County departments, clients, Court officials/personnel, judges of various courts, law enforcement, victims of crime, witnesses, and the public in a courteous and tactful manner, including being sensitive to professional ethics, gender, cultural diversities, and disabilities.
Shall comply with all employer and Department policies and work rules, including, but not limited to, attendance, safety, drug-free workplace, and personal conduct.
Ability to provide public access to or maintain confidentiality of Department information and records according to state requirements.
Ability to understand, memorize, retain, and carry out written or oral instructions and present findings in oral or written form.
Ability to competently serve the public with diplomacy and respect, including occasional encounters with irate/hostile persons.
Ability to regularly work extended hours, evenings, and weekends, and occasionally travel out of town sometimes overnight.
Incumbent represents clients and presents cases in accordance with legal requirements and generally applicable guidelines, exercising judgment to effectively research and investigate cases, prepare and argue cases before the court, and ensure the best possible representation of clients. Incumbent's duties are highly complex in nature, requiring careful consideration of a variety of circumstances and issues that are often new or unusual, and involve multiple choices and interrelationships.
Incumbent ensures skilled representation for indigent clients in Steuben County, including investigation, preparation, and presentation of their defense before the court. Objectives of incumbent's work are known, with highly sensitive and unusual cases discussed with supervisor as needed. Work is reviewed primarily for soundness of judgment and compliance with all applicable policies and legal requirements. Decisions are restricted by only the broadest policy and guidance from supervisor.
- PERSONAL WORK RELATIONSHIPS
Incumbent maintains frequent contact with co-workers, other County departments, clients, Court officials/personnel, judges of various courts, law enforcement, victims of crime, witnesses, and the public for the purpose of exchanging and explaining information, research, and defending cases.
Incumbent reports directly to Chief Public Defender.
- PHYSICAL EFFORT AND WORK ENVIRONMENT
Incumbent performs a majority of duties in a courtroom or a standard office environment involving, sitting/standing/walking at will, sitting for long periods, lifting/carrying objects weighing up to 25 pounds, keyboarding, speaking clearly, and hearing sounds/communications.
Incumbent is regularly required to work extended hours, occasionally works evening and/or weekend hours, and occasionally travel out of town sometimes overnight.
