Jurisdiction:  Cortland County

Jurisdictional Class: Non-competitive

Adopted:  10/20/05

Revised: 4/28/09

 

 

ASSISTANT PUBLIC DEFENDER

 

 

DISTINGUISHING FEATURES OF THE CLASS:

 

This work involves responsibility for representing indigent defendants as assigned by the Public Defender.  The work involves representing the defendant through every stage of proceedings following arrest through and including any appeals.  In addition to actual representation, the Assistant Public Defender assists  the Public Defender in the investigation, preparation, conduct and appeal in various court and legal proceedings involving indigent defendants.  Work is performed under the general supervision of the Public Defender with wide leeway allowed for the exercise of independent judgment.  Does related work as required.

 

TYPICAL WORK ACTIVITIES:     (Illustrative only)

 

Represents and counsels defendants at every stage of proceedings following arrest;

Initiates such proceedings as are necessary to protect the rights of the accused;

Assists the Public Defender in the preparation of various court proceedings;

Confers with defendants, law enforcement personnel, judges, and District Attorney staff concerning individual cases;

Investigates defendant’s financial status;

Prepares cases for trial by responding to motions, preparing for hearings, evaluation case, plea-bargaining and discussing case with District Attorney staff;

Prepares for trial by researching law and rules of evidence, preparing trial file of evidence, reviews prospective jurors, reviews trial changes by judge and develops trial strategy;

Supervises clerical staff in connection with the preparation of cases and the

maintenance of appropriate records;

Tries cases, including jury selection, presentment of cases, preparing opening statements and preparing closing summations;

May handle post judgment motions, including receiving motions to vacate judgment, preparing response and brief and arguing motion in Superior Court;

May handle appeals by preparing brief, arguing appeal in the Appellate Division and seeking permission of Court of Appeals if not a matter of right.

 

FULL PERFORMANCE KNOWLEDGE, SKILLS, ABILITIES AND PERSONAL CHARACTERISTICS:

 

Thorough knowledge of criminal law and court proceedings;

Good knowledge of judicial procedures and rules of evidence;

Ability to interpret and work with New York State and Federal criminal code;

Ability to communicate effectively both orally and in writing;

Ability to reason quickly and logically in stressful situations;

Ability to analyze and interpret laws and legal documents in order to render an accurate legal opinion;

Ability to analyze and organize facts effectively;

ASSISTANT PUBLIC DEFENDER – contd.                                                                   2

 

 

Ability to prepare for and present cases in court;

Ability to establish and maintain effective working relationships with others;

Physical condition commensurate with the demands of the position.

 

MINIMUM QUALIFICATIONS:

Possession of a license to practice law in the State of New York.