Assistant Chief - Appellate Division

Posting number: 26-175

Department: District Attorney

Job classification: Assistant Chief - Appellate Division

Posting type: Open

Categories: Legal

Summary

The Assistant Chief of the Appellate Division provides managerial support to the Division Chief in that this position (1) directly supervises, trains, monitors, and mentors Assistant District Attorneys in the Unit; (2) cultivates and implements best practices in the post-sentencing and appellate stages of litigation; and (3) identifies administrative issues in the post-sentencing and appellate pipeline and problem-solves to ensure efficient and fair prosecution in the post-sentencing and appellate phases. The Assistant Chief is also responsible for the preparation and presentation of criminal cases before the state appellate courts of Pennsylvania, the District Court for the Eastern District of Pennsylvania, the Third Circuit Court of Appeals, and the United States Supreme Court. More specifically, the Assistant Chief drafts briefs and other legal memoranda; argues cases before the state trial and appellate courts and the federal trial and appellate courts; handles post-conviction evidentiary hearings cases in both state and federal courts; and, at the direct of the Division Chief, edits briefs and post-conviction responses prepared and filed by Appellate Division attorneys.

Examples of duties

• Monitoring and evaluating performance of Appellate Division Attorneys and providing guidance as needed.
• Working to teach Assistant District Attorneys in the Division by objectively assessing adequacy of case on appeal and making recommendations regarding brief-writing and appellate advocacy.
• Taking necessary action to ensure conviction integrity.
• Make oneself available to Assistant District Attorneys during all hours to assist and advise them in their challenges with appeals or post-sentencing matters.
• Identify ineffective and/or unsuitable Division procedures.
• Collaborate with Professional Standards Deputy District Attorney to identify, establish, and enforce policy designed to promote best practices.
• Growing and honing knowledge of appellate advocacy and complex legal issues to become an expert in the field and provide sound guidance to Assistant District Attorneys.  This includes but is not limited to keeping abreast of statutory changes, evolving case law, available investigative tools, and oral advocacy techniques. 
• Participating in community partnerships through individual relationships with various community agencies and committee meetings.
• Implementing training and educational programs in conjunction with Division Chief and Professional Standards Deputy District Attorney to ensure staff compliance with applicable ethical and legal obligations.
• Assigning appeals and post-conviction matters to Appellate Division Assistant District Attorneys, as directed by the Appellate Division Chief.
• Drafting appellate briefs in all types of criminal matters and arguing the cases before the Pennsylvania Superior Court, the Pennsylvania Commonwealth Court, Pennsylvania Supreme Court, and the United States Court of Appeals for the Third Circuit, and the United States Supreme Court. 
• Preparing responses, arguing, and litigating evidentiary hearings in opposition to Post Conviction Relief Act petitions on behalf of the Commonwealth in the Court of Common Pleas of Montgomery County.  
• Preparing responses, arguing, and litigating evidentiary hearings in opposition to petitions for a writ of habeas corpus on behalf of the Commonwealth in the United States District Court for the Eastern District of Philadelphia. 
• Providing guidance to trial prosecutors regarding legal issues that arise before, during, or after trial to ensure a record is adequately preserved to ensure Commonwealth’s success in the event of an appeal or post-conviction action. 
• Reviewing new court decisions and new court rules and recommending internal changes to meet requirements.  
• Regularly reviewing both the Pennsylvania Rules of Appellate Procedure and the Pennsylvania Rules of Criminal Procedure to ensure that all prosecutors are in compliance with those rules.
• Advising the District Attorney on potential Commonwealth appeals in the state and federal appellate courts and litigating those appeals when pursued by the Commonwealth.
• Researching legislative issues.  
• Reviewing applications for clemency and requests for pardons filed with the Board of Pardons and recommending dispositions.
• Assisting with maintaining case statistics; preparing and filing division reports as required.
• Reviewing defendants’ filings to ensure the integrity of the conviction.
• Summarizing recent case law for Law Enforcement Newsletter distributed to local police departments. 
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