Deputy Commissioner Of Probation - Legal Counsel

Closing Date: 6th June, 2024

Description:

Position Summary: Working within the Office of the Commissioner of Probation (OCP), the Deputy Commissioner of Probation - Legal Counsel, provides specialized administrative and legal assistance to the Commissioner of Probation and the Massachusetts Probation Services Department, which is a Department of the Trial Court. The Legal Counsel provides legal advice to the Commissioner and the Probation Department on a variety of matters, including researching legal questions, drafting memoranda, assisting in the development and review of Probation related legislation, regulations, standards, policies, procedures, and protocols, providing counsel on human resources, labor, and disciplinary matters, and analyzing an array of key legal and administrative questions that may come before the Commissioner's office. The Legal Counsel supervises the legal unit at OCP, including the Deputy Legal Counsel, other legal staff, and any other OCP personnel assigned by the Commissioner. The Legal Counsel serves as a member of the Probation senior management team and contributes to the development of Probation Services strategic goals, initiatives, and benchmarks. The Legal Counsel also represents the Commissioner of Probation in legal matters as authorized.

Duties: The position of Legal Counsel entails a variety of duties and responsibilities. The role requires considerable independent judgment in making important decisions, sometimes with limited procedural and policy guidelines. Specifically, the Legal Counsel:

• Provides Legal Counsel to the Commissioner of Probation and Probation officials on a variety of administrative and legal matters and supervises the OCP legal unit;
• Researches and prepares legal memoranda on a variety of issues at the direction of the Commissioner including reviewing existing, new, and proposed state and federal laws and budget amendments or outside sections and regulations and providing guidance on their impact on the Probation Service's operations and mission.
• Collaborates with the Trial Court Legal Department on such issues.
• Represents the Office of the Commissioner of Probation in legal proceedings and provides litigation support in federal and state courts and administrative agency proceedings.
• Collaborates with the Trial Court Legal Department on litigation strategy and support.
• Represents the Commissioner and/or serves on Probation and Trial Court committees and working groups on various administrative and legal issues, as assigned.
• Reviews documents and interviews court employees in responding to discovery requests.
• Drafts legal materials for meetings, prepares reports, and works directly with committee members.
• Drafts correspondence in response to complaints, questions, and requests for information from attorneys, judges, court officials, government agencies and the public.
• Participates in investigations into allegations of misconduct and makes recommendations to the Commissioner on a variety of disciplinary actions.
• Maintains a system of tracking the investigations to ensure consistency and fairness of outcomes. Collaborates with the Trial Court Human Resources Department on such issues.
• Serves as a member of the OCP senior management team, which advises the Commissioner of Probation on policy matters and strategic planning.
• Prepares abstracts, memoranda, draft rules, and administrative reports and develops guidelines and procedures for OCP.
• Drafts and assists in the development and application of OCP regulations; Responds to inquiries and requests from judges, the public, attorneys, employers, jurors and others concerning legal aspects of the Massachusetts Probation Service.
• Provides a legal review of contracts entered into by the Probation Department to ensure consistency with Trial Court and State regulations.
• Performs other related duties as required.

Job Competencies: All applicants must be able, through the interview process, to prove efficiency in the following areas:

• Ethics and Values Communicates and demonstrates the ethics and values of the Trial Court.
• Mission Understands, upholds, and communicates the Trial Court and Probation Services missions.
• Applied Knowledge Demonstrates legal experience using knowledge of court rules, particularly as it pertains to the Probation Service in the Massachusetts Trial Court.
• Problem Solving Accurately identifies legal issues regarding probation matters in the Trial Court and recommends and facilitates appropriate solutions.
• Customer Service Conducts oneself in a courteous and professional manner towards both Trial Court employees and the public.
• Collaboration Works with others cooperatively, demonstrating a willingness to be a team player, and contributing to a work environment that focuses on shared departmental goals.
• Commitment to Diversity Promotes an environment of diversity through understanding, respect, and positive communication with persons of varied economic and cultural backgrounds.
• Continuous Learning Demonstrates a commitment to continuously improving himself or herself through professional development.

Minimum Requirements:
These are the minimum requirements necessary to apply for the position of Deputy Commissioner of Probation - Legal Counsel:
Law Degree from an accredited Law School;

Minimum of (10) years of professional legal experience, including significant litigation experience. Significant experience in a senior position in an agency counsel position preferred. Knowledge of the Massachusetts judicial system, the Massachusetts criminal and civil justice systems, as well as the operations of state government generally, and of Massachusetts General Laws;
Knowledge of criminal and civil procedure and experience in drafting discovery responses and dispositive motions in civil cases;
Advanced skills and abilities in performing legal research and in drafting legal memoranda and briefs;
Ability to engage in strategic planning, management and research techniques;
Strong interpersonal skills and the ability to deal effectively with Probation officials, Massachusetts judges and clerk/magistrates, Trial Court officials, district attorneys, defense counsel, federal and state agencies, and representatives of the public. Ability to communicate clearly and effectively in oral and written form in a professional manner;
Ability to independently complete assignments, to handle multiple assignments and establish well-reasoned priorities;
Ability to identify and analyze administrative problems and to develop practical solutions;
Ability to handle highly confidential material with discretion;
Ability to travel to court locations and Probation offices throughout the Commonwealth as needed.

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