Trial/Appellate Attorney

Why does the job exist?
The OFRA trial/appellate attorney position exists to provide high-quality legal representation for children, youth, indigent parents, and eligible adults in or at risk of involvement in child welfare proceedings, including abuse/neglect proceedings, Families in Need of Court Ordered Services (FINCOS) proceedings, and Fostering Connections (extended foster care) proceedings. This position may also occasionally provide pre-legal consultation services to families considering a Voluntary Placement Agreement (VPA) with the Children, Youth, and Families Department (CYFD).

Additionally, this position offers the unique opportunity to provide legal representation for respondent parents throughout the appeals process.

How does it get done?
The combination trial/appellate attorney provides high-quality legal representation for the parties listed above under the guidance of the supervising attorney.

Case assignments for this position will include both trial court and appellate court. The percentage of time spent on each type of case will vary depending on the naturally fluctuating flow of appellate cases. There are times when there is no work required in an appellate case, and times when there is extensive work required in an appellate case. The variation is more extreme than in trial cases. Overtime, sometimes extensive, may be required for things like writing briefs and preparing for oral arguments. The appellate/trial attorney carries a smaller trial caseload so that they have time to be responsive to appellate assignments.

Case assignments for this position will vary in complexity based on the incumbent attorney's experience and ability. The trial/appellate attorney's duties include:

• Reviewing trial records and transcripts to identify appealable issues;
• Conducting legal research and preparing appellate briefs, motions and petitions;
• Advising trail attorneys on issue preservation and appellate strategy;
• Consulting with OFRA attorneys and leadership on the interpretation of court opinions, statues, proposed statues, rules and related matters, as requested; and
• Participating in system reform activities and committees, as requested.
• Representing clients in court and administrative proceedings, including custody and adjudicatory hearings judicial and permanency reviews, termination of parental rights proceedings, mediations, and other legal and non-legal out-of-court meetings and conferences;
• Consulting with and advising clients in a trauma-informed and culturally responsive manner that is developmentally appropriate for each client's age and cognitive ability;
• Drafting legal documents (motions, petitions, proposed orders, discovery documents, briefs, and other administrative and litigation related documents);
• Negotiating and reviewing settlement agreements;
• Utilizing and adhering to OFRAs practice model (including Cornerstone Advocacy and Interdisciplinary Legal Teams) to prepare and support clients through high-quality legal representation. Related actions and activities include but are not limited to:preparing and presenting evidence,interviewing and cross-examining witnesses,identifying and working with experts as needed,obtaining and reviewing discovery,arguing motions for custody, placement, family time, services, and other actions that support the permanency plan and desired case goals;ensuring the use of translators and interpreters as necessary to ensure effective communication with clients;maintaining regular contact with clients as required by OFRAs practice standards and expectations, including conducting home and community visits as appropriate or required; andcollaborating effectively with OFRAs Family Peer Support Navigators (FPSNs) and Behavioral Health Specialists (BHSs) when interdisciplinary legal teams (IDLTs) are assigned to a client.
• Consulting (in ways that avoid conflicts of interest and protect confidentiality) with other attorneys in areas of special expertise, such as constitutional law, disability rights, Indian law, education/special education, and mental/behavioral health;
• Calendaring, tracking, and meeting legal and organizational deadlines;
• Remaining up to date on legal and regulatory changes that may affect OFRAs work; and
• Supporting and engaging in a collaborative, inclusive, supportive, and team-oriented office culture.

Who are the customers?
New Mexico children, youth, eligible young adults, indigent parents, and other legal parties who are subject or at risk of being the subject of proceedings designated by OFRA, as defined by statute.

Ideal Candidate:
The ideal candidate will have:

• Experience with, and passion for, working with marginalized populations facing intersectional challenges such as poverty, domestic abuse, drug/alcohol misuse, untreated and unsupported disabilities and/or mental health diagnoses, housing instability, and discrimination
• Appreciation and acceptance of the vast cultural diversity of New Mexicans
• A deep desire and commitment to ensure procedural justice, due process, and protection of legal rights of clients
• Flexibility and adaptability to respond to shifting workload responsibilities (e.g., trial work with sporadic appellate assignments), including willingness to work extra hours when necessary to meet the demands of appellate cases
• Ability to balance multiple competing demands and communicate with supervisor when support or assistance is needed
• Excellent interpersonal and communication skills to support a positive work culture
• Effective engagement with clients facing significant stress and trauma
• Effective engagement with stakeholders
• Strong legal research and writing abilities, particularly when analyzing complex legal issues
• Bilingual preferred but not required

Minimum Qualification:
Juris Doctorate degree from an accredited school of law. Must be licensed as an attorney by the Supreme Court of New Mexico or obtain a limited law license within six (6) months of hire (See Rule 15-304 NMRA). Individuals pursuing the limited law license may not engage in the practice of law until the limited law license has been granted.

Employment Requirements:
All Attorney classifications must be and remain licensed as an attorney, in good standing, by the Supreme Court of New Mexico, or licensed as an attorney and in good standing by the highest court of another state and eligible pursuant to the limited license provisions (See Rules 15-301.1 and 15-301.2 NMRA).

Working Conditions:
Work is performed in an office setting: late hours, weekends, on-call and callback work may be required. Will be exposed to regular periods of video display terminal and keyboard usage and stressful situations. Travel is required. Possible exposure to irate clientele. Incumbent will work under stress and frequent time constraints.

Supplemental Information:
Do you know what Total Compensation is? Click here (http://www.spo.state.nm.us/total-compensation.aspx)

Agency Contact Information: Leslie.Jones@ofra.nm.gov Email (https://careers.share.nm.gov/psc/hprdcg/EMPLOYEE/HRMS/c/leslie.jobes@ofra.nm.gov)

For information on Statutory Requirements for this position, click the Classification Description link on the job advertisement.

Bargaining Unit Position:
This position is not covered by a collective bargaining agreement.