Assistant Attorney General - Criminal Appeals

Criminal Appeals Division

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Apply by 05/17/2024

Salary

$37.19 – $66.94 Hourly

$77,354 – $139,238 Annually

This position is a Pay Band LH

Posting Details

The Criminal Appeals Division within the New Mexico Department of Justice represents the State of New Mexico in criminal appellate and post-conviction proceedings. The Division works not only to do justice in particular cases, but also to advance and develop the law in a positive direction.

This posting will be used for ongoing recruitment and may close at any time.  Applicant lists may be screened more than once.

Why does the job exist?

Associate Solicitors General (ASGs) represent the State in criminal appellate and post-conviction proceedings. On the appellate side, ASGs defend lawful convictions and seek relief when lower courts rule against the State. In their post-conviction role, ASGs protect lawful convictions from collateral attack and represent the State and wardens. This position would focus on handling post-conviction proceedings in state courts. The position may also handle federal post-conviction cases as well as criminal appeals.

How does it get done?

ASGs must research legal issues carefully, write persuasively, and argue in court effectively. This position would focus on post-conviction proceedings in state court, so applicants would need to be comfortable both with writing legal arguments and appearing in district courts. Some habeas proceedings require evidentiary hearings and motion practice. The position may cooperate with other attorneys in handling federal post-conviction proceedings. Applicants may also be required to write appellate briefs and argue before state appellate courts. All ASGs may be required to advise state prosecutors on legal questions and strategy, serve on state and national committees, present at conferences, and perform other criminal-appeals-related duties as directed by the Solicitor General.

Who are the customers?

Most fundamentally, ASGs work for the public: they ensure that victims of crime see justice and that the police and prosecutors have the legal ability to protect the public from dangerous individuals. The Division works with prosecutors around the state, including prosecution units within the New Mexico Department of Justice. As a post-conviction attorney, this position would work with the New Mexico Department of Corrections.

Ideal Candidate

An ideal candidate would have a background in criminal law and experience or interest in post-conviction proceedings. The candidate would be have experience in researching and dealing with complex legal issues. He or she would be skilled in legal research, writing, and oral advocacy. ASGs must exercise good judgment to select effective legal strategies and identify important issues.  Effective ASGs must have the patience to comb through extensive records as well as the ability to work quickly when necessary. The ideal candidate would be professional and courteous when interacting with prosecutors, judges, opposing counsel, and co-workers.

Minimum Qualification

Juris Doctorate degree from an accredited school of law. Must be licensed as an attorney by the Supreme Court of New Mexico or qualified to apply for limited practice license (Rules 15-301.1 and 15-301.2 NMRA). For more information on limited practice licenses, please visit http://nmexam.org/limited-license/

Substitution Table

N/A

Employment Requirements

All Attorney classifications must be and remain licensed as an attorney, in good standing, by the Supreme Court of New Mexico, or licensed as an attorney and in good standing by the highest court of another state and eligible pursuant to the limited license provisions (See Rules 15-301.1 and 15-301.2 NMRA).

Must possess and maintain a current Defensive Driving Course Certificate from the State of New Mexico or must pass and receive Defensive Driving Course Certification as a condition of continued employment as some statewide travel maybe required. Employment is subject to criminal background check and is conditional pending results of criminal background check. Be of good moral character and not have been convicted of a felony offense by a court of this state, any other state or the United States.

Working Conditions

ASGs work extensively on computers in an office setting. Sometimes, ASGs appear in court for oral arguments, or for post-conviction proceedings. This will occasionally require travel.

Office setting, exposure to Visual/Video Display terminal (VDT) and extensive personal computer and telephone usage with extended periods of sitting, including during public meetings and hearings. Must be able to lift 25 lbs, and some sitting, standing, bending and reaching may be required. Travel will be required, including occasional overnight trips, and candidates must have or be able to obtain a New Mexico driver’s license in order to receive a certification to drive a state vehicle upon employment.

Supplemental Information

Benefits:

Agency Contact Information: Tim Maestas

For information on Statutory Requirements for this position, click the Classification Description link on the job advertisement.

 

Bargaining Unit Position

This position is not covered by a collective bargaining agreement.