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Assistant Public Defender Page 1 I 2 Jurisdiction: Cortland County Jurisdictional Class: Non-competitive Adopted: 10/20/05 Amended: 4/28/09; 10/14/22; 6/16/23; 1/16/26 ASSISTANT PUBLIC DEFENDER DISTINGUISHING FEATURES OF THE CLASS: This work involves responsibility for representing indigent defendants in criminal court and defendants in Family court as assigned by the Public Defender. In criminal proceedings the work involves representing the defendant through every stage of proceedings following arrest through and including any appeals. In family court matters the work involves representing the petitioner or respondent through every stage of proceedings following assignment of the family court petitions through to the conclusion of the matter. In addition to actual representation, the Assistant Public Defender assists the Public Defender in the investigation, preparation, conduct and appeal in various court and legal proceedings involving indigent defendants, petitioners or respondents. Work is performed under the general supervision of the Public Defender with wide leeway allowed for the exercise of independent judgment. Does related work as required. TYPICAL WORK ACTIVITIES: (Illustrative only) Represents and counsels defendants, respondents or petitioners at every stage of proceedings; Initiates such proceedings as are necessary to protect the rights of the accused; Assists the Public Defender in the preparation of various court proceedings; Confers with defendants, petitioners or respondents in family court matters law enforcement personnel, judges, and District Attorney staff opposing counsel and the attorney for the child (if any) concerning individual cases, criminal or family court; Investigates defendant’s financial status; Prepares cases for trial by responding to motions, preparing for hearings, evaluating case, plea-bargaining and discussing case with District Attorney staff, negotiating settlements with opposing counsel and where necessary, conferring with the attorney for the child(ren) if any; Prepares for trial by researching law and rules of evidence, preparing trial file of evidence, reviews prospective jurors, reviews trial changes by judge and develops trial strategy; Supervises clerical staff in connection with the preparation of cases and the maintenance of appropriate records; Tries cases, including jury selection, presentment of cases, preparing opening statements and preparing closing summations; May handle post judgment motions, including receiving motions to vacate judgment, preparing response and brief and arguing motion in Superior Court; May handle appeals by preparing brief, arguing appeal in the Appellate Division and seeking permission of Court of Appeals if not a matter of right. FULL PERFORMANCE KNOWLEDGE, SKILLS, ABILITIES AND PERSONAL CHARACTERISTICS: Thorough knowledge of criminal law and court proceedings; Thorough knowledge of family law and court proceedings; Good knowledge of judicial procedures and rules of evidence; ---PAGE BREAK--- Assistant Public Defender Page 2 I 2 Ability to interpret and work with New York State and Federal criminal code; Ability to interpret and work with New York Family Law Statutes, Domestic relations Law, Social Services Laws and other family court related Laws and Statutes; Ability to communicate effectively both orally and in writing; Ability to reason quickly and logically in stressful situations; Ability to analyze and interpret laws and legal documents in order to render an accurate legal opinion; Ability to analyze and organize facts effectively; Ability to prepare for and present cases in court; Ability to establish and maintain effective working relationships with others; Physical condition commensurate with the demands of the position. MINIMUM QUALIFICATIONS: Possession of a license to practice law in the State of New York. **Attorney may be assigned to handle either family court cases only, criminal cases only or both depending on the applicant’s interest.