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The primary purpose of the Appellate and Post-Conviction Section of the Criminal Division of the North Carolina Department of Justice is to represent the State in criminal matters after a defendant's trial is completed.
Description of Responsibilities and Duties:
**Preparation of the State's briefs in first degree murder cases, including capital cases and other complex criminal cases in the Supreme Court of North Carolina and the North Carolina Court of Appeals. First degree murder cases often present the most difficult and complex issues in the fields of criminal and constitutional law. The attorney will be required to read and analyze transcripts often exceeding two thousand pages. Defendant's briefs typically are at least 35 pages, capital cases briefs exceeding 100 pages, requiring extensive research to prepare legal arguments showing that no prejudicial error occurred at trial. Research and preparation of the legal arguments in such brief usually require at least one month and often two months of work, on average. Including oral argument preparation as needed.
**Capital and non-capital post-conviction filings and hearings in superior court. The Attorney assists prosecutors, at the request of the prosecutor, in drafting responses to Motions for Appropriate Relief and other motions filed for state post-conviction relief. In some cases an evidentiary hearing is necessary to resolve issues of fact. Given the nature and complexity of capital litigation, the Attorney is expected independently to prepare and conduct courtroom litigation with a high level of experience and expertise. One of the primary responsibilities of the Attorney is to advise, assist, and often assume litigation of capital post-conviction hearings at the Superior Court level. Such assistance may involve investigating the case, interviewing witnesses, depositions, discovery, actual participation at the evidentiary hearing (including examination of witnesses and experts), briefing the complex legal issues, and preparation or review of proposed findings of fact and conclusions of law to be submitted to the presiding judge.
**Capital and Non-Capital Federal habeas corpus petitions. The Attorney is responsible for the State's response in federal habeas corpus litigation. Typically, after a defendant has exhausted his State court remedies, he can be expected to file a federal habeas corpus petition in one of the three trial districts of the United States District Court in North Carolina seeking to overturn his conviction, or at least obtain a new sentencing hearing. When the petition is served, the Attorney initially reviews the allegations raised by the capital defendant, which often are numerous, complex constitutional issues; preliminarily assesses the merits of the allegations; determines what state court records and exhibits are needed; contacts the offices of the local clerks to obtain the records, exhibits, and transcripts; ascertains whether any affidavits are needed and, if so, contacts the affiants; reviews the records and transcripts as they pertain to the legal issues raised; researches the legal issues; drafts and edits a written answer to the petition, along with appropriate motions; and, supervises the electronic and/or manual filing of the answer, motions and record in the Federal District Court. This process requires independent, unsupervised decision-making in sometimes highly-publicized criminal cases.
**Miscellaneous responsibilities. Assisting and advising other attorneys in the Department of Justice in criminal appellate matters assigned to those attorneys on the criminal brief rotation. Participating and assisting in moot courts. Assisting and advising prosecutors around the State who have questions about criminal law or procedure issues or about criminal appellate procedures. Preparation of State's petitions in criminal cases addressed to the various Appellate Courts requesting review of lower court decisions in criminal cases. Perfecting State's appeals working with the District Attorney's office.
Some travel and overnight travel are required.
This position is not subject to the Fair Labor Standards Act.
Note to Current State Employees:
The salary grade for this position is LG08. State employees are encouraged to apply for positions of interest even if the salary grade is the same as, or lower than, their current position. Please detail ALL work history including non-state service experience. If selected for this position, a new salary will be recalculated taking into consideration the quantity of relevant education and experience, funding availability, and internal equity. Based upon these factors, a pay increase MAY or MAY NOT result.
THE STARTING SALARY FOR A NEW HIRE TO THIS POSITION IS LIMITED TO $84,878 to $100,179. Salary offers for the selected candidate are based on the candidate's education and experience related to the position, as well as our agency budget and equity.
The State of North Carolina offers employer-paid health insurance plus twelve paid holidays, generous vacation and sick leave accrual, dental, vision, and other insurance options, and retirement benefits. You can view our benefits information atEmployee Benefits.
Hybrid telework opportunities are available for this position.The Attorney must have thorough knowledge of general case, statutory and common law with particular emphasis on criminal law and procedure relating to capital litigation, evidence, constitutional law, and appellate procedure. Additionally, the attorney must have the following specific skills/abilities:
-- Expertise in the conduct of criminal litigation in the appellate courts, and represent the State of North Carolina in capital litigation in the State and Federal Courts.
-- Ability to independently to prepare and prosecute capital cases on direct appeal and in post conviction.
-- Ability to organize and digest complicated factual situations.
-- Ability to be sensitive to the feelings and needs of victims' families.
-- Ability to interpret and apply laws and court decisions.
-- Ability to analyze evidence and apply the relevant law to the applicable facts.
-- Ability to express conclusions and arguments clearly and logically, in oral and written form.
-- Ability to maintain effective working relationships with the public, the media, law enforcement officers, and prosecutors contacted in the course of handling capital cases.
Some state job postings say you can qualify by an "equivalent combination of education and experience." If that language appears below, then you may qualify through EITHER years of education OR years of directly related experience, OR a combination of both. See oshr.nc.gov/experience-guide for details.Licensed to practice law by the North Carolina State Bar and three years of progressively responsible professional legal experience. NOTE: GS 114-2 and 114-6 make it the duty of the Attorney General of NC to represent the State of North Carolina in all litigation unless another statute specifically states otherwise.
Management preferences: At least five years' experience in criminal appeals and federal habeas procedure preferredThe NC Department of Justice accomplishes our goals through our DOJ Organizational Values of Public Service, Integrity, Excellence, Teamwork, Diversity, and Innovation. We encourage all qualified candidates who are committed to these values and want to make a difference in the lives of our citizens to apply for this opportunity.
Please be sure to complete the application in full.
Note the following: If multiple applications are submitted to an individual posting, only the most recent application received prior to the closing date will be accepted. Applications must be submitted by 5:00 PM on the closing date.
Resumes and cover letters: To receive credit for your work history and credentials, you must list the information on the online application form. This information is used to determine if you meet the requirements of the position, and if you are selected, it is used to determine a salary offer.
Using the terms "See Resume" or "See Attachment" will not be accepted and your application will be rejected as incomplete. Cover letters are highly encouraged but not required.
Transcripts: Degrees must be received from appropriately accredited institutions. A copy of your transcripts indicating the degree received can be uploaded with your application.
If a transcript has been requested, your application will be considered incomplete if you do not provide one. Using a photograph of your diploma is not acceptable.
Credit for foreign degrees will only be given if verification of degree certification is attached to your application. Transcripts for foreign degrees have to be evaluated by an organization like World Education Services to determine US equivalency.
Any licenses or certificates must be included in the appropriate section of the application form.
Veterans Preference: Applicants seeking Veteran's Preference must attach a copy of their DD-214 or discharge orders.
Applicants seeking National Guard Preference must attach a NGB 23A (RPAS) if you are a current member of the NC National Guard in good standing. If you are a former member of the NC National Guard who served for at least 6 years and was discharged under honorable conditions, you must attach either a DD256 or NGB 22.
Application status: To check the status of your application, please log in to your account. Upon the closing date, applications are "Under Review" and will be screened by Human Resources for the qualified applicants. The hiring process may take an average of 6 - 8 weeks. All applicants will be notified by email once a position is filled.
NeoGov Help Line: If you are having technical issues submitting your application, please call the NeoGov Help Line at 855-524-5627. If there are any questions about this posting, other than your application status, please contact the NC DOJ Human Resources office.
The NC Department of Justice is an Equal Opportunity Employer. The NC Department of Justice uses Merit-Based Recruitment to select from among the most qualified applicants to fill positions subject to the State Human Resources Act.
CONTACT INFORMATION:
NC Department of Justice
Human Resources Office
114 W. Edenton Street
Raleigh, NC 27603
919-716-6490 Employment Type: Permanent Full-Time
