State of Maryland

A Public Defender Investigator III is the advanced level of work conducting investigations in cases of alleged criminal conduct for the defense of persons represented by the Office of the Public Defender or in investigating cases of involuntary commitment and cases where an individual’s mental health condition is at issue for the defense of criminal charges.  Employees in this classification do not supervise other positions.

Employees in this classification receive general supervision from an Assistant Public Defender or an administrator.  Employees in this class may be required to work evenings or weekends.  Work performing field investigations is performed at various locations to include crime scenes, detention centers, prisons, private residences and places of employment.  Work performing mental health investigations is primarily performed at public and private psychiatric hospitals and facilities.

Positions in this classification are evaluated by using the classification job evaluation methodology.  The use of this method involves comparing the assigned duties and responsibilities of a position to the job criteria found in the Nature of Work and Examples of Work sections of the class specification.

The Public Defender Investigator III is differentiated from the Public Defender Investigator II in that the Public Defender Investigator III performs advanced level work conducts complex investigations in the field or in psychiatric institutions and hospitals while the Public Defender Investigator II performs the full range of duties and responsibilities under general supervision.

When assigned to field investigations:

Investigates complex cases of alleged criminal conduct for the defense of persons represented by the Office of the Public Defender;

Locates reluctant or poorly identified witnesses in order to seek their testimony on behalf of the client’s defense;

Visits the scene of the crime in order to take photographs, complete diagrams or observe conditions of the scene for possible use in defense of the case;

Serves subpoenas, writs of summonses as appropriate;

Investigates cases of individuals represented by the Office of the Public Defender to obtain factual information in order to assist Assistant Public Defenders in the defense of these persons;

Consults with an Assistant Public Defender to plan the type and method of investigation based upon the attorney’s theory of defense for the client;

Interviews clients to obtain their version of the alleged offense or involuntary commitment, to develop leads and to gather information and evidence for the defense’s case;

Interviews witnesses, family members, associates of the client, and medical, social service and law enforcement personnel as appropriate to obtain and verify information for the client’s case;

Researches public and criminal records in order to gather data and evidence for the client’s defense;

Prepares written reports of findings of the investigation;

Testifies in court, at hearings and other legal proceedings regarding the findings of the investigation;

Maintains records of cases under investigation;

Performs other related duties.

When assigned to mental health investigations:

Interviews individuals in cases of involuntary commitment and in cases where an individual’s mental health condition is at issue in order to assist in the defense of persons represented by the Office of the Public Defender;

Interviews persons involuntarily committed to psychiatric facilities, their families and social service support personnel in order to determine financial eligibility for Public Defender representation;

Interviews doctors, nurses, psychologists and other hospital staff members to obtain and verify information concerning the client’s medical history, condition and treatment;

Examines the client’s medical reports and hospital records to determine whether involuntary commitment was conducted in accordance with the legal requirements and to obtain information for the client’s commitment or mental health condition hearing;

Obtains documentation and information necessary for the client’s case file such as medical history, police reports, hearing schedules and commitment certification;

Investigates cases of individuals represented by the Office of the Public Defender to obtain factual information in order to assist Assistant Public Defenders in the defense of these persons;

Consults with an Assistant Public Defender to plan the type and method of investigation based upon the attorney’s theory of defense for the client;

Interviews clients to obtain their version of the alleged offense or involuntary commitment, to develop leads and to gather information and evidence for the defense’s case;

Interviews witnesses, family members, associates of the client, and medical, social service and law enforcement personnel as appropriate to obtain and verify information for the client’s case;

Researches public and criminal records in order to gather data and evidence for the client’s defense;

Prepares written reports of findings of the investigation;

Testifies in court, at hearings and other legal proceedings regarding the findings of the investigation;

Maintains records of cases under investigation;

Performs other related duties.  

Knowledge of procedures and practices of the judicial system;

Knowledge of interviewing and investigative techniques;

Skill in obtaining and recording factual information Ability to plan and conduct investigations;

Ability to prepare complete, accurate investigative reports;

Ability to communicate effectively with difficult persons, such as emotionally impaired persons or hostile or reluctant witnesses;

Ability to establish and maintain effective working relationships with Assistant Public Defenders, Administrative Law Judges, courtroom personnel, medical staff, law enforcement and support service personnel;

Ability to testify at legal proceedings;

Ability to maintain confidentiality of case materials.

Education:   Graduation from an accredited high school or possession of a high school equivalency certificate.

Experience: One year of experience investigating alleged criminal offenses for the purpose of developing and documenting factual information to be used in criminal trials or one year of experience interviewing patients for the purpose of obtaining and documenting factual information concerning medical history or any combination of these types of experience equaling one year.

Notes:

1. Candidates may substitute additional experience developing and documenting factual information for use in legal proceedings or experience interviewing persons for the purpose of determining eligibility for legal assistance programs on a year-for-year basis for the required education.

2. Candidates may substitute 30 credit hours, including 12 credit hours in mental health or medical disciplines or 12 credit hours in criminology or law enforcement from an accredited college or university for the required experience.

3. Candidates may substitute U.S. Armed Forces military service experience as a non-commissioned officer in Criminal Investigation classifications or Criminal Investigation specialty codes in the Inspection, Investigation, Enforcement, and Compliance field of work on a year-for-year basis for the required general experience.

Class specifications are broad descriptions covering groups of positions used by various State departments and agencies.  Position descriptions maintained by the using department or agency specifically address the essential job functions of each position.

This is a Skilled Service classification in the State Personnel Management System.  All positions in this classification are Skilled Service positions.  Some positions in Skilled Service classifications may be designated Special Appointment in accordance with the State Personnel and Pensions Article, Section 6-405, Annotated Code of Maryland.

This classification is assigned to Bargaining Unit F, Social and Human Services Professionals classes.  As provided by State Personnel and Pensions Article, Section 3-102, special appointment, temporary, contractual, supervisory, managerial and confidential employees are excluded from collective bargaining.  Additionally, certain executive branch agencies are exempt from collective bargaining and all positions in those agencies are excluded from collective bargaining.

Employees in this classification are eligible to receive overtime compensation.  An employee who works more than the normal workweek is entitled to be compensated for that overtime, as provided by the State Personnel and Pensions Article, Section 8-305.