State of Maryland

An Assistant Public Defender Senior is the expert level of trial attorney work requiring special expertise and experience in various areas of trial practice including mental health, forensics, use of experts, and advanced litigation. An Assistant Public Defender Senior is an attorney who has demonstrated a high level of competence. The Assistant Public Defender Senior actively handles the most complicated cases in their given Department and litigate the more complex and challenging matters such as scientific and forensic issues, mental health, and competency in the most serious cases.

Employees in this classification do not supervise other positions, however, may serve as second chair counsel and peer mentors for other attorneys. Although the Assistant Public Defender Senior does not directly supervise others, they provide essential coaching feedback to less-experienced attorneys from pretrial to post conviction, and will provide input in the performance review. The Assistant Public Defender Senior will provide both general and specific information related to the educational and training needs of less experienced colleagues.

Employees in this classification receive general supervision from an Assistant Public Defender Headquarters Supervisor, or other higher-level attorney. Work may be performed at various locations including jails, detention facilities, hospitals and courtrooms.

Positions in this classification are evaluated by using the classification job evaluation methodology. The use of this methodology 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 Assistant Public Defender Senior is differentiated from the Assistant Public Defender III in that the Assistant Public Defender Senior performs expert-level trial attorney work. The Assistant Public Defender III is the full performance level of trial attorney work at the circuit court level and specializes in areas of practice that include appeals, post-conviction, and mental health in the Office of the Public Defender. The Assistant Public Defender Supervisor is differentiated from the Assistant Public Defender Senior in that the Assistant Public Defender Supervisor has supervisory responsibility for lower-level Assistant Public Defenders.

Represents the Office of the Public Defender clients in complex cases before the courts of the State;

Reviews case files to evaluate the factual and legal issues in order to determine the nature of the charges, and to devise defense strategies;

Engages in plea negotiations with Assistant State’s Attorneys and other opposing counsel and attends conferences with the court in an attempt to resolve issues before trial;

Serves as second chair, and mentors circuit court attorneys to handle life cases;

Provides training, research, and consultation services to lower-level Assistant Public Defenders;

Negotiates settlement of cases outside of court;

Counsels and advises clients regarding theories of possible defense, trial factors and procedures, rights, alternatives to incarceration, rehabilitation services, appeal rights and procedures, and other matters of law;

Research legal precedents and opinions and proposed legislation for their future impact and for defense of specific cases;

Performs other related duties.

Education: A Juris Doctorate degree or equivalent degree from an accredited school of law.

Experience: Seven (7) years of experience as an Assistant Public Defender III or equivalent experience out of state.

Notes:

1. Candidates shall be an attorney and admitted to practice law in the State by the Court of Appeals of Maryland, at the time of appointment.

2. The above requirements are set by the Office of the Public Defender in accordance with Criminal Procedure Article, Section 16-203 of the Annotated Code of Maryland.

3. First chaired three life cases to verdict.

4. Candidates may substitute U.S. Armed Forces military service experience as a commissioned officer in general attorney classification or general attorney specialty codes in the legal and kindred group field of work on a year-for-year basis for the required experience and education.

Class Descriptions 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.

Class Descriptions provide information about the Nature of Work, Examples of Work, General Requirements and Acknowledgements. The Required Knowledge, Skills, and Abilities; Minimum Education and Experience Requirements; Special Requirements; and recruitment and testing procedures are set by the using agency.

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

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