Office of Capital & Forensic Writs (OCFW) is a small, close-knit public defender office in Austin, Texas. We proudly provide zealous, client-centered post-conviction representation to persons in Texas facing the death penalty and those serving prison sentences for convictions tainted by flawed forensic science.
OUR PRACTICE
Our practice is two-fold. First, we represent death-sentenced persons in constitutional challenges to their conviction and sentence. This is our largest practice. We represent 70% of persons in Texas raising initial post-conviction challenges to their convictions and death sentences, and a smaller number of clients in other procedural postures, such as incompetency to be executed, post-conviction DNA testing, and successive post-conviction proceedings.
Second, we represent a smaller number of people incarcerated and serving non-capital sentences in post-conviction challenges where questionable forensic science, negligence, or misconduct contributed to their conviction. In this practice, we challenge convictions that rest on tainted, outmoded, or unreliable forensic science, such as hair microscopy, blood spatter, bitemark, and fingerprint evidence. These individuals’ cases are referred by the Texas Forensic Science Commission.
THE OPPORTUNITY
OCFW is hiring an attorney to represent our clients in post-conviction proceedings. Salary will depend on experience.
All attorneys work as part of a team of advocates, all of whom offer valuable perspectives, backgrounds, and expertise. Although this work can be difficult, we consider ourselves fortunate to work alongside compassionate, dedicated, and collaborative colleagues to provide the best possible representation to our clients. Our clients benefit when their advocates have a wide and diverse range of professional and life experiences. OCFW is dedicated to maintaining a staff with backgrounds and experiences as diverse as Texas. We are specifically seeking candidates with Spanish language skills.
Job Description
The staff attorney will be responsible for working on multi-disciplinary teams to provide holistic, post-conviction representation to clients in state post-conviction proceedings. Aspects of this work include:
- Building rapport with and counseling clients;
- Reviewing trial and appellate records for constitutional error;
- Investigating and drafting claims;
- Litigating evidentiary hearings;
- Appellate advocacy in the Texas Court of Criminal Appeals and the United States Supreme Court;
- Collaborating skillfully, litigating strategically and providing compassionate representation;
- Valuing the expertise of and working well with mitigation specialists and other team members.
- Given the nature of the work, staff attorneys should expect to work some evenings, weekends, and holidays. Travel throughout Texas is required.
- Applicants should have an established capacity or demonstrated aptitude for excellence in capital defense, strong written and oral advocacy skills, work well in teams, and approach work in an organized fashion.
Candidate Profile
Minimum Qualifications
- Member of the Texas State Bar or eligible for admission within six months of employment (Please note that the Texas Bar allows for the admission without examination for certain applicants who have practiced law for at least five out of the last seven years and for UBE admission. See Rule XIII, Rules of The Supreme Court Governing Admission to The Bar of Texas);
- A strong commitment to the representation of death-sentenced persons and persons from marginalized communities;
- Ability to work collaboratively in team settings, strengths in teamwork, and relationship building;
- Excellent research, writing, and courtroom advocacy skills;Capacity to think critically, creatively, and multi-task in fast-paced settings;
- Exceptional judgment, discretion, and confidentiality around sensitive issues.
Preferred Qualifications
- At least two years of experience representing low-income clients at trial, on appeal, or in post-conviction as a public defender or in a similar advocacy role (credit also given for judicial clerkship experience).
- Prior experience with factual investigation, mitigation investigation, and collaboration with expert witnesses;
- Ability to work collaboratively in team settings with strengths in teamwork, client relations, investigation, and relationship building;
- A demonstrated understanding of, or willingness to learn about, capital mitigation and mental-health issues;
- Fluency in Spanish.
Additional Qualifications for Attorney III/IV/V Positions
Higher classification and salary levels depend on the applicant’s demonstrated skill in:
- Legal research, writing, oral advocacy and investigation;
- Litigating evidentiary hearings or trials;
- Handling cases with large amounts of data and information;
- Planning, organizing and prioritizing work;
- Supervising the work of others.
Employment Conditions
- Pursuant to state law, OCFW may not employ an attorney who has been found by a state or federal court to have rendered ineffective assistance of counsel.
- Ability to operate standard office equipment and software.
- A valid driver’s license, and the willingness to operate a motor vehicle for client-representation purposes.
- Ability and willingness to travel throughout Texas and, on occasion, out of state; frequent travel is required for this position.