Attorney V

Location: Wake County, NC

Agency

Dept of Justice

Division

DOJ Legal Services

Job Classification Title

Attorney V (NS)

Position Number

65044555

Grade

LG10

About Us

The North Carolina Department of Justice, led by the Attorney General of North Carolina, represents the state, state agencies, and elected officials, and defends the rights of the people of North Carolina. The Department handles all state criminal appeals cases and assists district attorneys with complex criminal cases at their request. Additionally, the Department of Justice includes the North Carolina State Crime Lab, the North Carolina Justice Academy, and the Sheriffs’ and Criminal Justice Education and Training Standards Divisions.

Description of Work

Recruitment Range: $120,642 - $130,266

This posting is for these six (6) vacant positions: 65044555, 65044556, 65044557, 65044558, 65044559, & 65044560. You only need to apply once to be considered for all six (6) positions.

NOTE: These are time-limited positions, subject to funding availability, which may last up to 36 months (3 years). Time limited employees are eligible for State Benefits. If you have questions concerning the time-limited status of these positions, you may inquire if selected for an interview.

IMPORTANT NOTE: This posting closes at 11:59:59 PM the night BEFORE the End Date listed.

The primary purpose of this position is: 1) to handle capital direct appeals and post-conviction and represent the State of North Carolina in capital cases in various North Carolina trial courts across the state, in the North Carolina Supreme Court and federal district courts, United States Court of Appeals for the Fourth Circuit and United States Supreme Court; 2) research and prepare the State’s briefs and present oral argument in capital cases before the North Carolina Supreme Court; 3) to assist local District Attorneys in handling capital post-conviction cases by handling the investigation, briefing and hearing of complex post-conviction capital litigation (Motions for Appropriate Relief) at the Superior Court level; 4) receive and handle written or oral communications directed to the Office of the Attorney General from other states and the general public relating to capital punishment in the State of North Carolina.

• Direct Capital Appeals. Represent the State in all direct appeals from judgments imposing a sentence of death, including the preparation of briefs, presentation of oral argument, responses to petitions or other relief, and all related proceedings before the appellate courts of North Carolina.
• State Post-Conviction Litigation. Represent the State in all post-conviction proceedings involving a capital conviction or sentence, including motions for appropriate relief and other collateral challenges litigated in the superior courts, petitions and appeals arising from those proceedings in the North Carolina appellate courts, and petitions for certiorari or other review in any other courts. Section attorneys will handle evidentiary hearings and factual development necessary to defend capital convictions and sentences and will retain responsibility for the case throughout any proceedings.
• Federal Habeas Corpus Litigation. Represent the State in all federal habeas corpus proceedings challenging North Carolina capital convictions or death sentences, including proceedings under 28 U.S.C. § 2254 in the United States District Courts for the Eastern, Middle, and Western Districts of North Carolina; evidentiary hearings and other district-court proceedings; applications for certificates of appealability; briefing and oral argument before the United States Court of Appeals for the Fourth Circuit; petitions for rehearing or rehearing en banc; and petitions for writs of certiorari and merits proceedings before the Supreme Court of the United States.

Some travel, including some occasional overnight stays are required.

The primary purpose of the Capital Litigation Section is to provide specialized, statewide representation of the State of North Carolina in all appellate and post-conviction litigation arising from cases in which a sentence of death has been imposed, and to provide advice and assistance to District Attorneys in capital prosecutions. The Section serves as the State’s principal repository of expertise in capital litigation and is responsible for ensuring consistent, experienced, and effective representation of the State throughout the lengthy and complex process of review applicable to capital cases.

Knowledge Skills and Abilities/Management Preferences

Criminal litigation experience.