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The classes in this series are used in the Office of the State Public Defender to perform a wide variety of legal work concerned with representing indigent clients and others entitled to public representation before State and Federal courts and administrative bodies and acting as legal counsel for such clients in such matters as:
(a) An appeal, petition for review, or petition for rehearing to any appellate court, a petition for certiorari to the United States Supreme Court or a petition for executive clemency from a judgment relating to criminal or juvenile court proceedings;
(b) A petition for an extraordinary writ or an action for injunctive or declaratory relief relating to a final judgment of conviction or wardship or the punishment or treatment imposed thereunder;
(c) A proceeding of any nature after a judgment of death has been rendered;
(d) A proceeding in which an inmate of a State prison is charged with an offense where the County Public Defender has refused to represent an inmate because of a conflict of interest or other legal reason;
(e) A proceeding of any nature where a person is entitled to representation at public expense.
This series is available for use only in the Office of the State Public Defender. The class of Legal Counsel which requires membership in The State Bar of California and the class of Graduate Legal Assistant, which requires eligibility to take The California State Bar may also be used to recruit those interested in pursuing legal careers in the Office of the State Public Defender. These employees perform less complex duties.
Incumbents in this class are experienced attorneys capable of performing a wide variety of difficult legal work with increased independence and responsibility. Incumbents may act in a lead capacity reviewing the work of other attorneys. Incumbents are typically appointed at Range A. Based upon the appropriate alternate range criteria and upon the recommendation of the appointing power, incumbents advance to Ranges B and C, and are assigned increasingly complex work.
Incumbents in this class are the most experienced attorneys who are experts in a broad or specialized area of law such as the substantive and procedural law related to determinate sentencing, trial, Federal litigation, search and seizure rules, and death penalty litigation, and have demonstrated independent ability to perform assignments consisting of the most complex and sensitive work of the Office of the State Public Defender and consistently produce favorable results in these proceedings. A Senior Deputy State Public Defender confers with and advises county public defenders and other public agencies staffed principally by attorneys. Persons in this class are assigned cases of the greatest sensitivity that are very likely to be appealed to the highest courts. They may act as a team leader.
This is the supervisory level in the Deputy State Public Defender series. Incumbents supervise a group of subordinate attorneys who perform a wide variety of legal work for the Office of the State Public Defender. Incumbents also independently handle complex and sensitive legal cases, including those with a judgment of death.
All classes require active membership in The California State Bar. (Applicants who are not members of The California State Bar but who are eligible to take the California State Bar examination or are in their final year of law school will be admitted to the examination but will not be considered eligible for appointment until they are admitted to The State Bar.)
Primary consideration will be given to experience in the practice of criminal law.
Two years of experience performing legal duties* in any combination of: (1) practice before trial or appellate courts; or (2) research and writing opinions for appellate courts. (Applicants who have completed eighteen months of the required experience will be admitted to the examination but must complete two years of such experience before they will be eligible for appointment.)
Ten years of experience in the practice of criminal law* in a governmental jurisdiction or in private practice including extensive appellate practice before State and Federal appellate courts. Experience must include at least four years of experience performing legal duties* comparable in type and level of responsibility to that of Deputy State Public Defender, Range C. (Applicants who have completed nine years and six months of the required experience will be admitted to the examination but must complete ten years of such experience before they will be eligible for appointment.)
In the California state service, two years of experience in the Office of the State Public Defender performing legal duties* in a class comparable in level of responsibility to that of Deputy State Public Defender, Range C. (Applicants who are within six months of satisfying the required experience will be admitted to the examination but must complete two years of required experience before they will be eligible for appointment.)
Eight years of experience in the practice of law* in a governmental jurisdiction or in private practice, including five years of experience in criminal law [two years of this experience must be comparable in level and type of responsibility to Deputy State Public Defender, Range C, in any combination of: (1) practice before trial or appellate courts, or (2) research and writing opinions for appellate courts]. This must include at least three years of experience supervising a group of attorneys.
* Experience in the “practice of law" or “performing legal duties" is defined as: (1) only that legal experience acquired after admission to any State Bar, or (2) experience as a judicial clerk for a federal court, California's state courts, or any other state's courts, or (3) legal experience acquired while practicing under a provisional license to practice law issued by the State Bar of California's Provisional Licensure Program, to constitute experience in the practice of law. For an individual's judicial clerkship to qualify as experience in the “practice of law" or “performing legal duties", the experience must have been gained after receipt of a Juris Doctor or equivalent degree.
Knowledge of: Legal principles and their application to criminal cases and appellate proceedings; scope and character of California statutory law and provisions of the California Constitution and United States Constitution; legal research methods; rules of evidence and conduct of proceedings in trial and appellate courts of California and the United States; and duties and powers of the State Public Defender.
Ability to: Prepare, present, and handle legal cases; perform research and investigations; analyze difficult and complex legal programs, and apply legal principles and precedents to particular sets of facts; present statements of fact, law, and argument clearly and logically in written and oral form; analyze transcripts and decisions; handle difficult legal correspondence; direct the work of clerical and professional assistants; and analyze situations accurately and adopt an effective course of action.
A greater degree of these "Knowledge and Abilities" is required at each higher level.
Knowledge of: In addition to the above, a manager's/supervisor's responsibility for promoting equal opportunity in hiring and employee development and promotion, and for maintaining a work environment that is free of discrimination and harassment.
Ability to: In addition to the above, effectively promote equal opportunity in employment and maintain a work environment that is free of discrimination and harassment.
All employees shall have general qualifications as described by California Code of Regulations, title 2, section 172.