Trial Attorney

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Open Date: Aug 5, 2024
Close Date: Sep 15, 2024
Position Type: Position Classification: Exempt Full-Time
Job Vacancy #: PDS-2024-09
Location: 633 3rd Street, NW Washington, District of Columbia 20001

About The Job

PDS Overview:

The Public Defender Service for the District of Columbia seeks candidates interested in joining our November, 2025 trial class. 

The Public Defender Service for the District of Columbia (PDS) is a federally funded, independent organization; governed by an eleven-member Board of Trustees, PDS provides legal representation to individuals facing a loss of freedom in criminal, delinquency, and mental health matters in the District of Columbia. PDS’s approximately 200 attorneys, social workers, investigators, and administrative and technical staff collaborate with each other to advance the PDS mission. PDS’s main office is located at 633 Indiana Avenue, N.W., Washington, D.C. District of Columbia residency is not a requirement for employment. PDS is funded by federal appropriations, and all employees are entitled to participate in the federal health and life insurance plans, the federal retirement plans, and the Thrift Savings Plan. Transferring employees will receive recognition of creditable federal service for leave accrual and retirement purposes. Employment at the Public Defender Service is neither federal nor District of Columbia government employment, and all employees are at-will.

A major portion of the work of PDS consists of representing individuals in the District of Columbia’s local criminal legal system who are charged with committing serious criminal acts and who are eligible for court-appointed counsel. In the District of Columbia, public defense services are provided primarily by PDS (the “institutional defender”) and a panel of private attorneys, known ad Criminal Justice Act (CJA) attorneys, who are screened for membership on the panel and paid on a case-by-case basis by the D.C. courts. Because of its resources, well-regarded training program, and institutional practice knowledge, PDS lawyers handle the most serous criminal cases consistent with the best practices of the legal profession.

 

Position Description:

Staff attorneys in the Trial Division zealously represent adults in criminal proceedings in the District of Columbia Superior Court (Superior Court) and children in delinquency matters. Attorneys are assigned to specific levels of cases, based on experience and performance. Those case levels are juvenile, general felony, serious felony and felony I. Most trial attorneys with less than three years of experience will spend their first year representing juvenile clients.

As specialists who participate in complex litigation, PDS trial attorneys are expected to handle all phases of litigation in the D.C. Superior Court, including demanding and reviewing discovery, conducting legal research and analysis, writing briefs, motions and other legal documents, attending court conferences, arguing motions and conducting trials. As part of their work, attorneys communicate regularly with clients, both in the community and at the D.C. Jail and the Central Treatment Facility. Trial attorneys work on individual and co-counseled cases and direct teams that include investigators, interns and law clerks. Due to the nature of the work, trial attorneys are often required to work nights, weekends and other non-traditional schedules. In addition to their trial cases, Trial attorneys are assigned on a regular schedule to be the “attorney on duty” to assist persons who call or walk into the office seeking legal assistance. 
This is not a remote location position.

Required Qualifications:

J.D. or equivalent degree from an ABA-accredited law school by June 2025; excellent research, writing, and oral persuasion skills; strong discretion, judgment and the ability to analyze, interpret and make decisions based on complex factors and membership in the District of Columbia Bar or eligibility to practice pursuant to either D.C. Court of Appeals Rule 49(c)(8) or 49(c)(9)(B). For law graduates, bar membership or eligibility to practice in D.C. should be specifically addressed in the cover letter. Successful applicants are required to make a three-year commitment to the Trial Division.

Preferred Qualifications:

Experience interning at public defender or criminal defense-adjacent offices, participation in law school clinics or experience representing low-income clients charged with serious crimes. 


 

Application Evaluation:

Although the position closing date has been extended to September 15, 2024, applications will be reviewed on a rolling basis.

Pay Series:

PDS AD 11-3 to PDS AD 13-3 (equivalent to GS 11-1 to GS 13-3)

Compensation:

$83,830 - $119,482 

Who May Apply:

Applicants must graduate by May, 2025

How to Apply:

Applicants must submit:  (1) a cover letter; (2) a resume; (3) a list of three references (name, e-mail address, telephone number, and a brief statement of how each reference is able to evaluate your skills), (4) an unofficial law school transcript, (5) a response to the question “Why do you want to be a public defender?” (Include a discussion of your background and/or any personal experience significantly contributing to your desire to do this work, no more than three typewritten pages, single- or double-spaced), and (6) a motion based on the fact pattern below. All materials must be submitted online as a consolidated PDF through the PDS employment web portal. Although the position closes on September 15, 2024, applications will be reviewed on a rolling basis.

Fact Pattern: 

Your client, Glacksly Mozoe, was arrested on July 4, 2024 and charged with one count of Carrying a Pistol Without a License and one count of Possession of Cocaine. You believe that your only hope of preventing Ms. Mozoe from having a felony firearm conviction and a misdemeanor drug conviction is by filing (and winning) a Fourth Amendment motion to suppress the evidence. Your judge is notoriously swayed by written submissions, so giving your best effort in the motion is in your client’s best interests. In preparation of writing the motion, you anticipate that the government will call the arresting officer, who wrote the Gerstein affidavit in the case. You also anticipate that the government will point out every circumstance from the incident to argue that the detention was supported by reasonable articulable suspicion. 


Before stating why the reasonable articulable suspicion standard was not met, you should briefly address the moment you believe Mr. Mozoe was seized. This moment will dictate how much inculpatory information is known to officers at the time of the seizure. You are not concerned with any Second Amendment considerations. Below are the contents of the Gerstein affidavit:
___________________
On July 4, 2024 at approximately 2000 hours, members of the Metropolitan Police Department’s Gun Recovery Unit (GRU) patrolled the 3800 block of Wisconsin Avenue, NW. Prior to the GRU shift, the unit was briefed on an uptick of gambling and illegal firearm possession. This affiant has personally been involved in the seizure of 6 firearms in the past 2 months in the Upper Northwest area including Wisconsin Avenue and the unit has secured at least 12 illegal firearms from the area in the past 2 years. Affiant has also witnessed numerous hotly-contested dice games in alleyways and on corners in the area.


GRU members patrolling in full uniform in two MPD police cruisers, observed a gathering of approximately 10-12 individuals near an alley. Most of the group are known to the GRU, as officers frequently observe many of the individuals near the alley when GRU combs the streets for illegal firearms. On this occasion, members observed the group engaging in merriment—laughing and constantly high-fiving and shaking hands. One person in particular, was a black male with dreadlocks and a white t-shirt, who straddled an unmotorized kick scooter. As officers exited the cruisers, multiple individuals locked eyes with MPD members as we approached with friendly demeanors. The mood of the group appeared to sour, as some group members began to disperse while others remained. The black male with dreadlocks was one of the individuals who stayed. The black male with dreadlocks had his back turned towards the officers and was speaking with a woman in crutches. The male appeared to fiddle with his waistband and groin area, then raise his hands up high and loudly slapped down on the woman’s hands. The woman reciprocated by raising her own hands high and slapping them down on the man’s hands. The woman then appeared to place her hands in her pockets. Undersigned believed the hand slapping was consistent with a contraband or ammunition exchange. Upon seeing this action, affiant spoke to the man in a conversational tone, “Hello, sir, can I speak to you? Are you clean?” The man in dreadlocks quickly turned his head and looked directly at the undersigned. The man got on his scooter and quickly fled north on Wisconsin Avenue. Officers gave chase. The man had difficulty weaving through the crowded area, and the undersigned quickly caught up. The undersigned stated, “I just want to talk with you” and briefly grabbed the man’s shoulder. Several seconds of slipping and sliding later, the man fell to the ground. A semi-automatic Glock 9mm pistol fell out of the man’s pocket and a small ziplock with a white rock-like substance (later identified as cocaine) flew from the man’s waistband, which was consistent with the area he was earlier seen fiddling with. The man in dreadlocks, identified as Glacksly Mozoe, was secured by the undersigned and placed under arrest for carrying a pistol without a license and possession of narcotics. Mr. Mozoe does not have a license to carry a firearm. Mr. Mozoe’s firearm and narcotics possession was expected due to his suspicious gestures and unprovoked flight taking place in a high crime area. 
___________________


Please write a Fourth Amendment motion to suppress the tangible evidence. Your motion should not include a Statement of Facts section or exceed four double-spaced pages.




For questions about the hiring process, requirements or assistance with applying, please contact: 
Jennifer Thomas, Director of Legal Recruiting, (202) 480-0385, [email protected]


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Disclaimer

The Public Defender Service for the District of Columbia (PDS) is a federally funded, independent organization; governed by an eleven-member Board of Trustees, PDS provides legal representation to individuals facing a loss of freedom in the local criminal, delinquency, and mental health systems in the District of Columbia. PDS’s approximately 275 attorneys, social workers, investigative specialists, administrative, and technical staff collaborate with each other to advance the PDS mission. PDS’s main office is located at 633 3rd Street, N.W., Washington, D.C. 20001. District of Columbia residency is not a requirement for employment. PDS is funded by federal appropriations, and all employees are entitled to participate in the federal health and life insurance plans, the federal retirement plans (FERS, FERS-RAE, FERS-FRAE, CSRS, CSRS-Offset), and the Thrift Savings Plan. Transferring employees will receive recognition of creditable federal service for leave accrual and retirement purposes. Employment at PDS is neither federal nor District of Columbia government employment, and all employees are at-will.

PDS is an E-Verify participating agency. Please see the Right to Work Poster and the E-Verify Participation Poster for more information.

 

PDS is an Equal Opportunity Employer and E-Verify Participant.