Chief - Appellate Unit

ABOUT THE OFFICE:

The Northwestern District Attorney’s Office (NWDAO) serves the people of Hampshire and Franklin counties and the town of Athol. In partnership with the communities it serves, the NWDAO is dedicated to the pursuit of truth, justice, and the protection of the public through fair and effective prosecutions and progressive prevention initiatives. Although the primary responsibility of the Office is prosecuting crime, we also have a strong focus on progressive education and prevention efforts in the areas of domestic & sexual violence, child abuse, juvenile justice, elders and persons with disabilities, and consumer protection. We are the law office of the People and are steadfast guardians of the rights and liberties of every citizen. We advocate for making our communities safer and stronger, while protecting civil rights and promoting social and racial justice.

MAIN FUNCTIONS:

This attorney supervises and manages the office's Appellate Unit and also performs all of the legal duties and functions related to the prosecution of post-conviction cases in the Massachusetts Supreme Judicial Court, Massachusetts Appeals Court, Superior Court, District Court and Juvenile Court.

DUTIES & RESPONSIBILITIES -

Supervise and manage the office's appellate division, which includes, but is not limited to, the following:

· Review and assign incoming appellate briefs and motions for a new trial;

· Edit outgoing appellate briefs and postconviction filings;

· Maintain appellate schedule and ensure appropriate coverage; and

· Assign co-counsel in priority prosecutions at trial.

Handle appellate matters which include, but are not limited to, the following:

· Master the appellate record, including transcripts and exhibits, for assigned cases;

· Move to supplement the appellate record when necessary;

· Research applicable constitutional, statutory, and regulatory law for assigned cases;

· File and oppose applications for interlocutory appeal under Mass. R. Crim. P. l5(a);

· File and oppose petitions for extraordinary relief under G.L. c. 211, § 3;

· File principal, responsive, and reply briefs as applicable;

· File applications for direct appellate review and further appellate review as necessary;

· Confer with Victim Witness Advocates on assigned cases involving victims;

· Prepare for and deliver oral argument on assigned cases at applicable court; and

· Handle related motions, such as motions for stay of sentence pending appeal.

Handle post-conviction motions, which include, but are not limited to, the following:

· Draft written responses to motions for a new trial, motions to revise or revoke sentences, and motions filed under Mass. R. Crim. P. 25(b)(2);

· Appear and present argument at post-conviction hearings in the Superior, District, and Juvenile courts; and

· Confer with Victim Witness Advocates on assigned cases involving victims.

Serve as co-counsel at trial in murder and other priority prosecutions, which includes but is not limited to, the

following:

· Prepare written oppositions to motions to suppress and/or dismiss;

· Draft and argue motions in limine;

· Research evidentiary issues and anticipate evidence-based objections;

· Assist in the selection of jurors and the preparation of witnesses;

· Argue substantive legal issues, including motions for a required finding of not guilty;

· Ensure that the trial record is perfected; and

· Research and draft jury instructions.

Additional duties and responsibilities:

· Maintain communication with other appellate chiefs throughout the Commonwealth;

· Liaison with the clerks for the Supreme Judicial Court, the Supreme Judicial Court for Suffolk County, and the Massachusetts Appeals Court;

· Complete or participate in internal and/or external legal training programs;

· Keep apprised of developments in Federal and State constitutional and criminal law;

· Coordinate the office’s participation in hearings before the Massachusetts Parole Board in life-sentence cases;

· Respond to legal inquiries from trial prosecutors and other members of law enforcement;

· Serve on the office's Discovery Committee, Ethics Committee, and other committees as directed by the District Attorney; and

· Perform other tasks as directed by the District Attorney, First Assistant District Attorney, or Deputy District Attorney.

MINIMUM QUALIFICATIONS:

· Eight (8) years of appellate experience or an equivalent combination of education, training, and experience which provides the required knowledge, skills, and abilities to perform the core functions of the position;

· Strong analytical, organizational, time management, writing and oral advocacy skills;

· In-depth knowledge of state and federal caselaw, Massachus