The Office of Defense Services’ Public Defender’s Office seeks a motivated and enthusiastic attorney to join our statewide practice in a full-time capacity to represent incarcerated individuals in litigation in our post-disposition unit. The attorney will counsel, investigate, prepare, and litigate petitions filed under 11 Del. C. §§ 4214 and 4217, pardon applications, motions for registry relief, expungement petitions, and other post-disposition applications as needed. This role demands deep knowledge of Delaware sentencing law, § 4217’s eligibility criteria and procedures, work with experts (especially medical), and strong client advocacy skills. This role will handle cases statewide.
Essential functions are fundamental, core functions common to all positions in the class series and are not intended to be an exhaustive list of all job duties for any one position in the class:
- Screen and evaluate potential clients for eligibility under 11 Del. C. § 4217 (compassionate release motions for modification of sentence).
- Screen and evaluate potential clients for eligibility under 11 Del. C. § 4214 (habitual offender motions for modification of sentence).
- Screen and evaluate potential clients for eligibility for expungement.
- Screen and evaluate potential clients for application before the Board of Pardons.
- Screen and evaluate clients for any other post-disposition filings as needed.
- Collect and review institutional, sentencing, disciplinary, and medical records for individuals serving Level V sentences.
- Retain and coordinate expert witnesses (medical, psychological, correctional, and risk-assessment professionals) to substantiate claims of serious illness, age-related infirmity, or rehabilitation.
- Prepare and file motions and petitions, supporting memoranda, exhibits, and proposed orders in Delaware Superior Court, Family Court, Board of Pardons, and/or any other decision-making tribunal as required.
- Advise clients and their families on procedural steps, eligibility standards, and evidentiary requirements.
- Maintain consistent and empathetic communication with clients, including phone, video, or in-person visits at state correctional facilities.
- Collaborate with the Department of Correction (DOC), medical providers, and community-based organizations as required by statute or court order.
- Advocate at hearings, respond to opposition from the State, and handle subsequent motions or rehearing requests when permitted.
- Coordinate with reentry and support-service organizations to assist clients in successful reintegration following release.
- Track legislative, judicial, and policy developments related to 11 Del. C. § 4217 implementation.
- Maintain accurate documentation, case management records, and timely reporting of all activities.
- Review post-disposition portal referrals.
- Attend and participate in post-disposition clinics.
- Collaborate on cases with defense team members.
- Attend Post-Disposition Unit meetings as needed.