ASSISTANT DISTRICT ATTORNEY

Job Description

Job DescriptionSalary:

THE COUNTY OF BURNET

Burnet, Texas 78611

JOB DESCRIPTION

WORKING TITLE: ASSISTANT DISTRICT ATTORNEY

DEPARTMENT: DISTRICT ATTORNEY

REPORTS TO: DISTRICT ATTORNEY CLASSIFICATION:

GENERAL DESCRIPTION

The District Attorneys Office is responsible for handling felony cases committed by adults which include a maximum penalty of life without parole or the death penalty and/or a fine of $10,000, whereas the County Attorneys office is charged by statute with prosecuting misdemeanor offenses that have a maximum penalty of one year in jail and/or a $4,000 fine. Necessarily the assessment, preparation and trial of felony offenses is more complex than misdemeanor offenses.

Cases handled by Assistant District Attorneys involve offenses extending to murder and capital murder; assaults using deadly weapons or involving serious bodily injury; aggravated sexual assaults; burglaries of residences as well as business; as well as many other violent offenses. Assistant District Attorneys have the responsibility for assessing and prosecuting cases for which the punishment ranges from 180 days in a State Jail all the way to life in prison without parole, or the death penalty. The maximum fine for cases which Assistant District Attorneys handle is $10,000.

This position is an exempt position that requires the need for a valid Texas State Bar License in good standing. This position requires knowledge of Texas law, and the ability to do courtroom trial work on criminal matters and certain civil hearings. Document processing, and/or record keeping, and preparation and presentation of legal cases in jury and bench trials is necessary to fulfill this position. Additionally, this person must be able to analyze cases and negotiate with other attorneys. Court room presence is required and frequent travel to other courts within the district is required. Frequent overtime hours are necessary, and being on call for questions from law enforcement and to respond to scenes to give advice is required. This position requires work experience and an effective knowledge of criminal law, and at least three years experience as a trial lawyer to develop trial skills.

ESSENTIAL RESPONSIBILITIES AND DUTIES

1. Screen cases to determine the need for additional information, offenses committed, and appropriate charges to be filed. Follow up by overseeing the preparation of indictments and presentation of the cases to the Grand Jury.
2. Once the case is indicted by the Grand Jury, the assistant district attorney (ADA) must interview witnesses, prepare discovery for the defense, prepare for trial, then litigate cases in which the defendant may be sentenced to a state jail or the penitentiary, or including the death penalty as an option in some cases. Litigation by assistant district attorneys involves complex cases including violence resulting in serious bodily injury or death, financial loss in excess of $1500, controlled substance possession or distribution, such as engaging in organizing criminal activity in methamphetamine organizations, or offenses violating the public trust.
3. The Assistant District Attorney must assess cases and determine appropriate punishment and restitution to victims, and then conduct pleas on behalf of the State of Texas.
4. When convictions are appealed the Assistant District Attorney must review the trial record, research applicable law, and prepare the trial brief for the Court of Appeals.
5. When a defendant files a motion alleging he is being unconstitutionally held (Writ of Habeas Corpus), the Assistant District Attorney must review the facts of the case, and conduct hearings or advise the District Court of the appropriate action to be taken in the case pending trial or even after trial.
6. An Assistant District Attorney must determine whether assets used to commit crimes will be seized and then pursue forfeiture of those assets. This requires an Assistant District Attorney to determine who actually owned the assets and whether the ends of justice are served by taking these assets from the owner.
7. The position requires the Assistant District Attorney to pursue bond forfeitures when defendants fail to appear in court at scheduled hearings.
8. The Assistant District Attorney must be proficient in the English language; possess good writing skills and knowledge of computers in formatting correspondence.
9. The ADA must accurately enter data into computer system concerning cases, defendants, victims and witnesses. Further, the ADA must be able to understand all computer systems used by office to find relevant information on cases to conduct research by computer.
10. The ADA must answer telephone calls from the public, other attorneys, elected officials, and agencies. Proper telephone and speaking skills are essential.
11. Be able to answer office correspondence in a timely and effective manner.
12. Must be proficient at use of copy machines, fax machines, and scanning machines.
13. Must be able to take notes on all cases handled, and document files so other prosecutors having contact with the file may quickly evaluate the activity, status, and progress in the particular case.
14. Must be able to meet and serve the public in a professional, efficient, and friendly manner at all times. The ability to understand and respond to the concerns of victims is essential.
15. Greet clients, witnesses, victims, other county personnel, and attorneys in a professional manner at all times, and be able to explain the law as well as District Attorney policies and procedures to the public as well as persons involved in the Criminal Justice System.
16. Regular attendance is essential. Must arrive at work on time, prepared to perform assigned duties and work assigned schedule.
17. Prepare legal documents such as petitions and court motions and have knowledge of the Texas Civil and Criminal Procedure, the Texas Family Code, the Texas Penal Code, and the Texas Local Government Code.
18. Other duties as assigned within the scope of the office.
19. Must maintain confidentiality of all information learned in the scope of employment until time when information is made public by Elected Official or his/her direction OR upon time when information is required to be made public by law.
20. Interact with other state agencies and/or law enforcement agencies in a professional manner and provide training when necessary to assist in accomplishing the goal of effective enforcement and prosecution. Must be able to educate the public as to the processes followed by the office in handling its cases.
21. Be able to coordinate with all parties involved in cases including the office and victims in an efficient and effective manner.
22. Be a spokesperson for the office at victims functions and serve as an educator regarding victims rights in the community. Furthermore, must be able to represent the elected official in any function related to the operation of the office at times that may be outside the scope of a normal workday.
23. ADA must be prepared for trial and be up-to-date with all documents filed and to-be filed and prepare any last minute negotiations; several trials scheduled throughout the month.
24. ADA must be prepared to attend several court hearings a week with proper paperwork and case preparation.

ADDITIONAL RESPONSIBILITIES

1. Run errands on behalf of the office.
2. Must be able to perform assigned duties in an efficient manner and work well with others without posing a direct threat to the health and safety of themselves and/or others. Must possess a cooperative and positive attitude at all times at work.
3. Must have and maintain a valid Texas State Bar License in good standing at all times.
4. Shall be required to attend court regularly and participate in trials. Must maintain a professional appearance at all times, fulfilling the dress code requirements of a court in which they may appear. Frequent overtime hours required.
5. Travel to various courthouses, meetings, and conferences is required frequently.
6. Serve as an on call prosecutor to answer questions from officers that arise after hours, and respond to scenes as necessary to effectively assist in the investigation. This includes being able to draft search and arrest warrants for law enforcement personnel, and assist the direction of the investigation in order to ensure proper admissibility of all evidence obtained.

EDUCATION REQUIREMENTS

A Doctor of Jurisprudence degree from an accredited legal institution.

EXPERIENCE AND SKILLS

Must have three years experience as a trial lawyer demonstrating skills in all functions of trial including charging decisions, conducting voir dire, opening statement, direct and cross examination, drafting jury instructions, and closing argument.

Requires knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition and grammar. Must also have the ability to read and understand information and ideas presented in writing. Must have the ability to speak English clearly to be understood by others. Must have the ability to meet and serve the public in a friendly and efficient manner.

Must have and maintain the ability to work independently, including in a trial setting.

Must have and maintain the ability to use computer systems necessary to perform duties.

Must have and maintain the ability to operate basic office equipment.

Must be able to type accurately and check and correct work of persons working with the attorney.

Must possess and maintain a valid Texas Drivers License at all times. A driving permit or occupational license is not allowed.

Must possess and maintain a Texas State Bar License and be in good standing at all times.

PHYSICAL DEMANDS AND WORK ENVIRONMENT

While performing the duties of this position, the employee is frequently required to talk, hear, see, sit, stand, kneel, climb, feel, use fingers to handle, and arms to reach and carry. The employee must be able to lift up to 15 pounds regularly. Specific vision is required by this job, including the ability to see up close and at distance.

SPECIAL CONDITIONS

This position determines how to prioritize work so that it is accomplished in a timely and professional manner. Incumbent proofs work to determine if revisions are required. Determines how to handle hostile clients/public members and where to refer difficult phone calls. Decisions regarding personnel issues and legal and/or policy questions are to be referred to the elected official.