Staff Attorney, Decarceration Project

The Legal Aid Society’s Criminal Defense Practice is seeking an experienced attorney for its Decarceration Project. The Decarceration Project is a first-of-its-kind unit that reimagines how public defenders confront pretrial detention. Through strategic litigation, policy advocacy, and early intervention, the Decarceration Project fights to ensure as many of our clients return to their communities after arrest as possible. 

 

Attorneys in the Decarceration Project are Legal Aid’s in-house experts on bail and pretrial detention. They directly litigate pretrial detention matters with the potential for broader systemic impact, while also providing complex release advocacy and strategic support, drafting model papers and guides to enhance the practice of trial attorneys, and monitoring pretrial detention trends to inform broader policy and systemic litigation priorities.  

  

Attorneys are assigned to a particular borough office and serve as the primary resource for litigating pretrial detention of Legal Aid’s clients in their assigned borough.  When needed, Staff Attorneys assigned to a particular borough may also be called on to provide assistance and client services in other boroughs. All members of this citywide unit work together to develop, implement, and coordinate Legal Aid policy and litigation strategy concerning bail and other pretrial detention matters.  

 

Candidates will have a deep understanding of criminal trial practice in New York City and robust knowledge of New York’s bail statute, with extensive on-the-ground experience in New York City criminal courts. They will have a demonstrated commitment to the liberation of incarcerated individuals.

 

ESSENTIAL DUTIES/RESPONSIBILITIES

 

Case Consulting & Strategic Litigation

• Work closely with trial attorneys, social workers, and paraprofessionals in the assigned borough to advocate for the release of clients who are being detained pretrial in New York City jails. 
• Challenge adverse pretrial detention decisions using writs of habeas corpus, appeals, and other strategic litigation and advocacy.
• Anticipate and respond to novel legal issues relevant to pretrial detention.
• Identify and develop potentially precedent-setting cases with an eye towards the Court of Appeals.
• Work with colleagues in the Special Litigation Unit to identify the need for strategic litigation.

 

Systemic Advocacy

• Monitor changes in the practices of the assigned borough, and work with colleagues in the Policy Unit to identify the need for systemic advocacy.
• Inform discussions with system stakeholders regarding pre-trial detention issues.
• Timely collect data to inform priorities and to fulfill reporting requirements to funders.

 

Training & Attorney Development

• Conduct trainings on the law and practice relevant to pretrial advocacy in the assigned borough.
• Develop advisories, model templates, and resource guides that elevate the borough's release advocacy practice.

 

Professional Development and other duties as assigned

• Participate in continuous professional development.
• Stay abreast of changes in the law relevant to bail and pre-trial detention.
• Other duties as assigned.

 

 

QUALIFICATIONS

 

Required qualifications:

• Admission to the New York State Bar
• Minimum 5 years legal experience, including at least 3 years in felony trial level defense

 

Preferred qualifications:  

• Experience in juvenile or adolescent defense preferred
• State or federal level appellate litigation experience preferred
• Familiarity with extradition law preferred
• Experience in policy development, coalition work, and legislative advocacy preferred
• Litigation experience implicating constitutional or civil rights issues preferred

 

SALARY AND BE