Job Description and Duties
If you are looking to join a collaborative team of attorneys who are passionate about providing high-quality post-conviction appellate representation in death penalty cases and improving indigent defense in California, consider taking on a new role as a Capital Appellate Attorney with the Office of the State Public Defender (OSPD)!
As a Capital Appellate Attorney, you will perform a wide variety of difficult legal work and provide high-quality and effective assistance of counsel to indigent persons. This includes:
Representing individuals, including those sentenced to death, in direct appeals and petitions for rehearing before the California Supreme Court as well as petitions for certiorari to the United States Supreme Court.
Representing individuals, including those sentenced to death, in related postconviction proceedings in the superior courts of California as well as the courts of appeal and undertaking significant roles in the development and presentation of complex factual and legal issues in the superior courts of California.
Preparing limited petitions for writ of habeas corpus and related pleadings before the Superior Court, Courts of Appeal and California Supreme Court and providing representation in all litigation following from any evidentiary hearings ordered in relation to such petitions.
This is a terrific opportunity for an experienced attorney who is passionate about post-conviction criminal defense. Knowledge and experience with the Racial Justice Act and some trial experience or experience litigating writs of habeas corpus is preferred.
Please take the short recruitment survey linked here: You will find additional information about the job in the Duty Statement.
Working Conditions
OSDP has two regional offices located in Oakland and Sacramento.
The Oakland office is located downtown in a modern high-rise building near the 12th Street BART station, not to mention a variety of delicious restaurants.
The Sacramento office is located downtown in a modern high-rise building near SacRT Light Rail stations, Downtown Commons, and plenty of shopping.
Full-time telework is permitted for Attorney and Attorney III classifications who are California residents, consistent with State policy. Business travel reimbursements consider an employee’s designated Headquarters Location, primary residence. The policy may be subject to change by the California Department of Human Resources (CalHR). All commute expenses to the headquartered location will be the responsibility of the selected candidate.
Due to the nature of the position, appellate attorneys are sometimes required to work nights, weekends and other non-traditional schedules. Absent unusual circumstances, certain duties must be performed in person, such as oral arguments, moot courts, and visiting detention facilities. For this position, it will be the responsibility of the attorney, in coordination with their supervisor, to ensure that any remote work they perform complies with the ethical obligations of attorneys and court requirements.
Effective July 1, 2025, in response to the State budget deficit, the California Department of Human Resources (CalHR) implemented the Personal Leave Program 2025 (PLP 2025). Under PLP 2025, full-time employees receive 8 hours of PLP 2025 leave credits per month in exchange for a 4.62 percent reduction in pay. PLP 2025 is currently scheduled to remain in effect through October 31, 2026.
Desirable Qualifications
In addition to evaluating each candidate’s relative ability, as demonstrated by quality and breadth of experience, the following factors will provide the basis for competitively evaluating each candidate:
Knowledge and experience with the Racial Justice Act and some trial experience or experience litigating writs of habeas corpus is preferred.
Knowledge and experience with appellate representation, especially capital representation, preferred.
Knowledge of legal principles and their application to criminal law and appellate proceedings.
Knowledge of the scope and character of California statutory law and provisions of the California Constitution and the United States Constitution.
Knowledge of legal research methods.
Experience performing research and investigation in criminal cases.
Knowledge of rules of evidence and conduct of proceedings in trial and appellate courts of California and the United States and the duties and powers of the State Public Defender.
Familiarity with representing incarcerated clients.
Experience with presenting statements of facts and law, as well as legal arguments clearly and logically in written and oral form.
Knowledge of computer programs such as WordPerfect, Microsoft Office, FileMaker Pro, and Adobe, and the ability to use such programs in an efficient and effective manner.
Ability to prepare, present, and handle legal cases.
Ability to analyze difficult and complex legal problems.
Ability to apply legal principles and precedents to particular sets of facts.
Ability to present statements of facts, law, and argument clearly and logically in written and oral form.
Ability to analyze transcripts and decisions.
Ability to handle difficult legal correspondence.
Ability to edit and provide feedback on other attorneys’ written work.
Ability to monitor developments in the law and consider their impact on the agency’s cases.
Ability to analyze situations accurately and adopt an effective course of action.
Ability to work in a team environment.
Ability to develop and maintain good working relations with all levels of staff.
Ability to maintain security and confidentiality of privileged information in compliance with applicable laws.
Familiarity with the impact of race on OSPD’s clients and on the criminal legal system as a whole.