Assistant City Attorney/Prosecutor (PPT)
- Nature of Work, Essential Functions & KSA's
You can do great work and love what you do with the City of Delaware. We are an organization that succeeds because of teamwork, dedication, diversity and the innovative spirit of all of our members. The City of Delaware is an award-winning local government organization known for its professionalism, customer service orientation and a strong commitment to distinctive and well-planned community development. The work environment is stable with excellent benefits and retirement packages. Our mission is to ensure an effective government, a healthy economy, being a safe city and welcoming you to be a part of this great community!
This is a permanent part-time position working with both the City Attorney and the Prosecutor's office in our Municipal Court. Requires a Juris Doctorate degree. Work hours are flexible and may be up to 29 hours per week.
NATURE OF WORK
Under the direction of the City Attorney performs professional legal work on civil law projects assigned by the City Attorney; assists in providing legal advice to City departments and officials relative to the daily operations of the City of Delaware. Also aids the Prosecutor’s Office in prosecuting criminal cases, including violations of the City Charter, ordinances, and Ohio statutes in the Delaware Municipal Court, the Ohio Fifth District Court of Appeals, and the Ohio Supreme Court. The position specifically assists prosecutorial staff by collecting and categorizing evidence necessary to prosecute cases and providing supplemental courtroom, appellate advocacy, and motion practice support.
- Conducts legal research, drafts and reviews documents on matters including annexation, easements, contracts, construction law, bankruptcy, and criminal prosecution.
- Appears and participates in meetings in the absence of City Attorney as needed.
- Prepares and argues appellate briefs, motions, and pleadings on behalf of the State before the Delaware Municipal Court, Ohio Fifth District Court of Appeals, and Ohio Supreme Court.
- Assists in prosecuting cases in Delaware Municipal Court by assisting full-time prosecutors with their case preparation and presentation in court.
- Aids in the collection and discovery of evidence to be used in trials of criminal cases and other criminal matters.
- Assists in fulfilling discovery responses, docket preparation and all aspects of administrative case management.
- Reviews and prepares cases for trial and negotiates plea agreements.
- Presents cases to judge or jury at trial and conducts pre-trial hearings.
- Participates in ongoing legal education to remain up to date on criminal and civil law.
- Skill in organizing and prioritizing work, managing time, and meeting deadlines with minimal direction; dealing courteously and diplomatically with the general public, city officials, colleagues, law enforcement, defense counsel, the Court and court personnel, and in legal research and writing.
- General knowledge of the City of Delaware Charter and Delaware Code of Ordinances, the Ohio Revised Code, the Ohio and Federal Rules of Civil Procedure, the Ohio and Federal Rules of Evidence, and the Ohio Code Professional Responsibility.
- General knowledge of prosecutorial duties, as outlined in the City of Delaware Charter, the Ohio Revised Code, the Ohio Rules of Criminal Procedure, and other applicable laws and Constitutional case decisions, as well as, generally accepted professional standards of performance for public prosecutors.
- General knowledge of the general field of criminal law and procedure; Constitutional doctrines regarding the conduct of the police under the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution; and under Article 1, Section 10 of the Ohio Constitution.
- General knowledge of the specific provisions of the Revised Code and Codified Ordinances pertaining to misdemeanor and traffic offenses and code infractions.
- Basic knowledge of federal, state and local laws pertaining to the rights of crime victims in misdemeanor cases.
- General knowledge of state and local laws pertaining to OMVI/DUI enforcement and procedures relating to administrative license suspensions.
- General knowledge of all stages of the criminal justice system and of municipal government; court procedures and applicable rules.
- Functional knowledge of computer applications, databases, software and hardware related to the performance of the essential functions of the job.
- Ability to conduct extensive legal research; assemble investigative information; plan, organize and develop trial strategies and prepare various motions, legal memoranda, related documents and correspondence with a high degree of professional competence.
- Ability to communicate effectively and in a professional manner, both orally and in writing.
- Ability to speak effectively and deliver effective presentations before groups and in a courtroom setting.
- Ability to establish and maintain effective working relationships with associates, city officials, the general public, local law enforcement officers and court personnel.
- Ability to follow instructions with minimal supervision.
- Ability to independently learn new areas of law.
- Ability to effectively communicate and interact with the court, crime victims, defendants, and witnesses in a considerate manner.
- Illustrative Examples of Work / Physical Requirements & Working Conditions
ILLUSTRATIVE EXAMPLES OF WORK
- Provide legal advice to city departments as needed to facilitate daily department operations.
- Serve as full-time prosecutorial representative of the City in Delaware Municipal Court on municipal income tax cases.
- Manages large docket of cases; conducts trials and pretrial hearings and negotiates plea agreements, with or without assistance.
- Analyzes, appraises and organizes facts and precedents to present in a clear and logical form.
- Prepares written motions, pleadings, arguments, and other memoranda.
- Reviews cases for negotiations, witnesses and discovery. Reviews legal documents in preparing cases for trial.
- Makes charging decisions following review and evaluation of police reports in light of applicable law.
- Determines alternative courses of action and anticipates possible courses of action of opposing counsel; uses logical and creative thought processes to develop solutions according to written specifications and/or oral instructions.
- Serve as a legal advisor to city personnel by keeping them apprised of relevant changes in law and procedure through periodic in-service training and regular consultation.
- Assist in criminal prosecutions by interviewing witnesses, victims, attorneys, and law enforcement officers, and presenting arguments in court. Appears against accused in court of law and presents evidence before a judge or jury. Confers with defense attorneys and/or witnesses in disputed cases and negotiates plea agreements when appropriate to do so.
- Responsible for the conduct of all misdemeanor investigations and inquiries made to carry out the various prosecutorial duties as noted above.
- Responsible for prosecuting appeals to and from the Fifth Appellate District Court of Appeals, including the timely submission of legal briefs and other required court papers and the presentation of oral arguments.
- Performs other related duties as required.
PHYSICAL REQUIREMENTS AND WORKING CONDITIONS
- The primary duties of this position are performed in a general office environment and courtroom.
- Sufficient clarity of speech and hearing or other communication capabilities, with or without reasonable accommodation, which permits the employee to discern verbal instructions and to communicate effectively in person, on the telephone and in a courtroom environment.
- Sufficient vision or other powers of observation, with or without reasonable accommodation, which permits the employee to comprehend written work instructions and to assist in the preparation, monitoring and litigation of all criminal and civil cases.
- Sufficient manual dexterity, with or without reasonable accommodation, which permits the employee to operate standard office equipment and a personal computer.
- Sufficient personal mobility, flexibility, and physical reflexes, with or without reasonable accommodation, which permits the employee to work in an office environment, lift up to twenty (20) pounds, and perform in a courtroom environment.
- Training, Experience, and Qualifications
- Graduation from an accredited four-year college or university, and a Juris Doctorate or equivalent degree from an accredited law school. (Recent law school graduates are encouraged to apply. If the selected candidate is a recent law school graduate who has not been licensed in the State of Ohio, he or she will be classified as a legal intern until he or she registers as an attorney with the Supreme Court of Ohio.)
- Must be a member in good standing of the bar of the State of Ohio or capable of becoming a member in good standing with the bar of the State of Ohio within six (6) months of beginning employment in the position.
- Demonstrated courtroom and trial experience is preferred.
- Demonstrated adherence to appropriate rules of professional and ethical conduct as set forth in the Code of Professional Responsibility, or as otherwise prescribed by law or generally accepted professional standards.
- Demonstrated brief writing experience and clear, concise writing style.
- Must be honest, trustworthy and pass a background check.
- Supplemental Information / Special Requirements
The incumbent in this position is prohibited from defending and/or representing anyone charged with criminal offenses in the Delaware County Common Pleas and Delaware Municipal Courts.
This position is part of the Part-time, Intermittent and Seasonal Pay Plan. Details about the compensation and benefits for this position can be found in the agreement by clicking here.
The class specification which appears above is intended to be sufficient merely to identify the class and be illustrative of the kinds of duties that may be assigned to the position allocated to the class and should not be interpreted to describe all of the duties which may be required of employees holding a position assigned to this class.
The City of Delaware is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendment Act (ADAAA), the City of Delaware will provide reasonable accommodations, upon reasonable request, to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer.