Closing Date: 2nd March, 2026
Description:
If you are looking to join a collaborative team of attorneys who are passionate about providing high-quality post-conviction appellate representation in death penalty cases and improving indigent defense in California, consider taking on a new role as a Capital Appellate Attorney with the Office of the State Public Defender (OSPD)!As a Capital Appellate Attorney, you will perform a wide variety of difficult legal work and provide high-quality and effective assistance of counsel to indigent persons. This includes:
- Representing individuals, including those sentenced to death, in direct appeals and petitions for rehearing before the California Supreme Court as well as petitions for certiorari to the United States Supreme Court.
- Representing individuals, including those sentenced to death, in related postconviction proceedings in the superior courts of California as well as the courts of appeal and undertaking significant roles in the development and presentation of complex factual and legal issues in the superior courts of California.
- Preparing limited petitions for writ of habeas corpus and related pleadings before the Superior Court, Courts of Appeal and California Supreme Court and providing representation in all litigation following from any evidentiary hearings ordered in relation to such petitions.
This is a terrific opportunity for an experienced attorney who is passionate about post-conviction criminal defense. Knowledge and experience with the Racial Justice Act and some trial experience or experience litigating writs of habeas corpus is preferred.
Please take the short recruitment survey linked here:
You will find additional information about the job in the Duty Statement.
Working Conditions:
- OSDP has two regional offices located in Oakland and Sacramento.
- The Oakland office is located downtown in a modern high-rise building near the 12th Street BART station, not to mention a variety of delicious restaurants.
- The Sacramento office is located downtown in a modern high-rise building near SacRT Light Rail stations, Downtown Commons, and plenty of shopping.
- Full-time telework is permitted for Attorney and Attorney III classifications who are California residents, consistent with State policy. Business travel reimbursements consider an employee's designated Headquarters Location, primary residence. The policy may be subject to change by the California Department of Human Resources (CalHR). All commute expenses to the headquartered location will be the responsibility of the selected candidate.
- Due to the nature of the position, appellate attorneys are sometimes required to work nights, weekends and other non-traditional schedules. Absent unusual circumstances, certain duties must be performed in person, such as oral arguments, moot courts, and visiting detention facilities. For this position, it will be the responsibility of the attorney, in coordination with their supervisor, to ensure that any remote work they perform complies with the ethical obligations of attorneys and court requirements.
- Effective July 1, 2025, in response to the State budget deficit, the California Department of Human Resources (CalHR) implemented the Personal Leave Program 2025 (PLP 2025). Under PLP 2025, full-time employees receive 8 hours of PLP 2025 leave credits per month in exchange for a 4.62 percent reduction in pay. PLP 2025 is currently scheduled to remain in effect through October 31, 2026.
Minimum Requirements:
You will find the Minimum Requirements in the Class Specification.
Attorney III
Attorney
Additional Documents
Job Application Package Checklist
Duty Statement
Department Information:
The OSPD is legislatively mandated to focus its resources on postconviction appellate representation in death penalty cases and improving indigent defense in California by providing assistance and training to local public defender systems.
Mission Statement
OSPD's mission is to advocate zealously for the underrepresented, particularly those facing capital sentences, while empowering the broader defense community to ensure effective and equitable representation for all.
Diversity Statement
OSPD is committed to promoting a workplace rooted in the principles of Diversity, Equity, Inclusion, and Belonging. We can best serve our clients and stakeholders when we have a diverse staff that affirms and celebrates the backgrounds, learned and lived experiences, whole identities, and individual perspectives of our colleagues.
An inclusive culture improves the quality of our work lives and makes us better advocates for our clients and better colleagues to each other. We are continually growing and are committed to equitable, inclusive, and nondiscriminatory hiring practices.
OSPD encourages applications from all qualified individuals of any race, color, religion, ethnicity, national origin, sexual orientation, gender, gender identity or expression, disability, age, and veteran status.
OSPD is recognized by the State Bar of California as a gold tier recipient of the DEI Leadership Seal Program for its on-going commitment to advancing workplace diversity, equity, and inclusion for all staff through evidence-based actions.
Department Website: http://www.ospd.ca.gov/
Special Requirements:
The position(s) requires an Active membership in the California State Bar. You will be required to provide a copy of your license prior to being hired.
Application Instructions:
Completed applications and all required documents must be received or postmarked by the Final Filing Date in order to be considered. Dates printed on Mobile Bar Codes, such as the Quick Response (QR) Codes available at the USPS, are not considered Postmark dates for the purpose of determining timely filing of an application.
Final Filing Date: 3/2/2026
Who May Apply:
Individuals
who are currently in the classification, eligible for lateral transfer,
eligible for reinstatement, have list or LEAP eligibility, are in the
process of obtaining list eligibility, or have SROA and/or Surplus
eligibility (please attach your letter, if available). SROA and Surplus
candidates are given priority; therefore, individuals with other
eligibility may be considered in the event no SROA or Surplus candidates
apply.Applications will be screened and only the most qualified applicants will be selected to move forward in the selection process. Applicants must meet the Minimum Qualifications stated in the Classification Specification(s).
How to Apply:
Complete Application Packages (including your Examination/Employment Application (STD 678) and applicable or required documents) must be submitted to apply for this Job Posting. Application Packages may be submitted electronically through your CalCareer Account at www.CalCareers.ca.gov. When submitting your application in hard copy, a completed copy of the Application Package listing must be included. If you choose to not apply electronically, a hard copy application package may be submitted through an alternative method listed below:
Address for Mailing Application Packages
You may submit your application and any applicable or required documents to:Office of the State Public Defender
Human Resources
Attn: Human Recourses - TM
770 L Street, Suite 1000
Sacramento, CA 95814
Address for Drop-Off Application Packages
You may drop off your application and any applicable or required documents at:Office of the State Public Defender
Human Resources
Human Recourses - TM
770 L Street, Suite 1000
Sacramento, CA 95814
08:00 AM - 05:00 PM
Required Application Package Documents
The
following items are required to be submitted with your application.
Applicants who do not submit the required items timely may not be
considered for this job:- Current version of the State Examination/Employment Application STD Form 678 (when not applying electronically), or the Electronic State Employment Application through your Applicant Account at www.CalCareers.ca.gov. All Experience and Education relating to the Minimum Qualifications listed on the Classification Specification should be included to demonstrate how you meet the Minimum Qualifications for the position.
- Resume is optional. It may be included, but is not required.
- Statement of Qualifications - Please see the "Statement of Qualifications" section for instructions.
- Other - Legal Writing Sample - Please submit a legal writing sample that includes a substantive legal analysis. Your legal writing sample should be no longer than 10 pages single-spaced or 20 pages double-spaced with 12pt. font.
Applicants requiring reasonable accommodations for the hiring interview process must request the necessary accommodations if scheduled for a hiring interview. The request should be made at the time of contact to schedule the interview. Questions regarding reasonable accommodations may be directed to the EEO contact listed on this job posting.
Desirable Qualifications:
In addition to evaluating each candidate's relative ability, as demonstrated by quality and breadth of experience, the following factors will provide the basis for competitively evaluating each candidate:
- Knowledge
and experience with the Racial Justice Act and some trial experience or
experience lit
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