Capital Counsel

047 Indigent Defense System

Supervisory Organization
Oklahoma Indigent Defense System Board

Job Posting End Date
Refer to the date listed at the top of this posting, if available. Continuous if date is blank.

Note: Applications will be accepted until 11:59 PM on the day prior to the posting end date above.

Estimated Appointment End Date (Continuous if Blank)

Full/Part-Time
Full time

Job Type:
Regular

Compensation:
Salary commensurate with qualifications and within agency salary schedule.

Job Description:
The Oklahoma Indigent Defense System (OIDS) is the statewide public defender agency which provides legal representation to indigent clients throughout the State of Oklahoma, with the exception of Oklahoma and Tulsa counties.

OIDS is currently seeking a full-time Capital Counsel in our Capital Trial Division.

Basic Purpose
Provides legal representation, within the bounds and forums provided by law, in all phases of assigned capital cases consistent with the minimum standards established by the American Bar Association in its Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases (1989).

Typical Functions:

• Performs case management activities until the case is concluded or reassigned
• Communicates with client on all aspects of the case according to agency policy and standards to ensure client can make informed decisions regarding legal representation
• Communicates with client's friends and family to obtain pertinent information without disclosing privileged communication or confidential information
• Conducts independent and expeditious investigations relating to the client's guilt or innocence and penalty phase of the capital case. Collects and maintains evidence acquired through the investigation per established standards and laws
• Prepares for trial by filing pretrial motions; develop plea negotiation strategy based on jurisdictional practices and policies and with client's input; securing assistance from experts; and formulating a defense theory based on information produced through the investigation
• Conducts ongoing legal research to identify new issues and prepare for briefing of argument on motions
• Prepares for jury selection by considering legal challenges to selection procedure and developing questions and challenges to determine if the potential juror is suitable
• Preserves legal error for appellate review on all applicable grounds
• Prepare for sentencing phase by applying Oklahoma procedures and law related to capital sentencing to ensure that all reasonably available mitigating and favorable information consistent with the defense is offered and ensures that client harm does not occur because of improper, inaccurate, or misleading information is offered in support of the death penalty
• Prepare for post-judgement proceedings by discussing with client, take appropriate action to preserve client's right to post-judgment review, and cooperate with subsequent counsel, if needed, concerning information regarding trial proceedings
• Serves as Co-Counsel as assigned
• Provides consultation, advice, assistance, and support to other attorneys and staff
• Performs administrative duties as needed

Level Descriptor
Positions may be filled at Levels I - V, depending on candidate experience.

Salary commensurate with qualifications and agency salary schedule.

Knowledge, Skills, Abilities and Competencies
Knowledge, skills, and abilities include knowledge of the Oklahoma procedures and laws related to the sentencing phase of the capital case; American Bar Associate in its Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases (1989); appropriate communication with the client in all phases of the trial; and procedures for death qualifying and life qualifying potential jurors and techniques for rehabilitating potential jurors.

Ability is required to advocate on behalf of clients of capital cases; ensure clients constitutional rights are maintained throughout all phases of the capital trial; prepare legal documents through post judgement proceedings; meet timelines; perform all activities for all phases of the capital case; and keep client informed on case matters and issues to ensure that the client understands all aspects of case and can make informed decisions.

Skills required include critical thinking; conducting legal research; written and oral communication; Microsoft Office – Outlook, Word, PowerPoint, and Excel; attention to detail; sound judgment and decision making.

Education and Experience:
Applicants should possess a Juris Doctorate degree, active membership and good standing with the State Bar of Oklahoma, or eligibility for admission.

Special Requirements:
Must abide by the Oklahoma Rules of Professional Conduct