Assistant City Attorney/Prosecutor
- 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 our employees. 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!
Under the direction of the City Attorney, the Assistant City Attorney/Prosecutor 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. Position requires regular and reliable attendance.
ESSENTIAL FUNCTIONS: For purposes of 42 USC 12101
- 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. Manages large docket of cases; conducts trials and pretrial hearings and negotiates plea agreements, with or without assistance.
- 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.
- Provides legal advice to city departments as needed to facilitate daily department operations.
- May serve as full-time prosecutorial representative of the City in Delaware Municipal Court on municipal income tax cases.
- 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.
- Serves 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.
- Assists 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 duties as assigned.
KNOWLEDGE, SKILLS, AND ABILITIES
- Microsoft Office applications (e.g., Outlook, Word, Excel, Publisher, Access, Sharepoint, OneNote, and Teams) and other computer software.
- City and Department goals and objectives.
- City and Department policies and procedures.
- Government structure and process.
- Standard office procedures.
- 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.
- 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.
- 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.
- The specific provisions of the Revised Code and Codified Ordinances pertaining to misdemeanor and traffic offenses and code infractions.
- Federal, state, and local laws pertaining to the rights of crime victims in misdemeanor cases.
- State and local laws pertaining to OMVI/DUI enforcement and procedures relating to administrative license suspensions.
- All stages of the criminal justice system and of municipal government; court procedures and applicable rules.
- Excellent organization, attention to detail, accuracy, time management, and critical thinking skills.
- Using tact, discretion, initiative, and independent judgment within established guidelines.
- Civic engagement and customer service.
- Dealing courteously and diplomatically with the public, city officials, colleagues, law enforcement, defense counsel, the Court and court personnel, and in legal research and writing.
- Understand, interpret, and apply laws, rules, or regulations to specific situations.
- Deal with many variables, define and solve problems, collect, analyze, and interpret data, establish facts, and determine specific action.
- Maintain a high level of confidentiality about information within the office.
- Add, subtract, multiply, and divide.
- Calculate fractions, decimals, and percentages.
- Prepare correspondence.
- Compile and prepare reports.
- Understand and follow written and oral instructions, policies, and procedures.
- Be honest, dependable, and trustworthy.
- Maintain effective working relationships.
- Communicate effectively, both in oral and written form and to prepare and present effective public presentations.
- Exercise independent judgement and discretion.
- Work in a professional office environment.
- 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.
- Independently learn new areas of law.
- Illustrative Examples of Work / Physical Requirements & 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.
Computer, copier, phone, and other standard/modern office equipment; computer software (e.g., Microsoft Office and other applicable computer software).
- 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. (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.
- Regular and reliable attendance
- Any combination of training and experience which will indicate the possession of the skills, knowledge and abilities listed below.
- Supplemental Information / Special Requirements
The City of Delaware offers a complete benefits package to full-time employees including: health, dental, and life insurance, retirement pension and savings plans, paid holidays, vacation, sick leave, and longevity pay and in many positions, paid uniforms or clothing allowance. This position is part of the Management Pay Plan. Details about the compensation and benefits for this position can be found in the agreement by clicking here.
The information above is intended to be illustrative of the kinds of duties that may be assigned to the position and should not be interpreted to describe all the duties that may be required of employees holding this position.
The City of Delaware is an Equal Opportunity Employer. All applicants will be considered for employment without attention to race, color, religion, sex, sexual orientation, gender identity, national origin, veteran, or disability status. 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.