Assistant Prosecuting Attorney- Washtenaw County
Job Code: 2808
1/96, 01-0301, AA 5/2/14 Employee Group: 6000
CLASS TITLE: ASSISTANT PROSECUTING ATTORNEY I/II/III
DEPARTMENT: Prosecuting Attorney
FLSA STATUS: Exempt
Under the direction of a First Assistant Prosecuting Attorney, or other supervisor, and in a developing capacity, represents the People of the State of Michigan in the prosecution of criminal and civil cases before the Family/Juvenile, Probate, District, and Circuit Courts. Provides legal counsel to the various police agencies operating within Washtenaw County, and local units of government within the County, regarding issues pertaining to the investigation and prosecution of violations of Michigan criminal laws. Provides legal counsel to the Washtenaw County Department of Health and Human Services or its representatives regarding issues pertaining to the investigation and prosecution of violations of the Michigan Child Protection Law in child protective proceedings.
Initially under close supervision, employees gradually receive more complex assignments and work more independently as experience is gained. Employees may advance to levels II and III after gaining the required experience and demonstrating acceptable work proficiency.
EXAMPLES OF DUTIES
THIS POSITION WILL BE ASSIGNED TO THE JUVENILE DIVISION.
JUVENILE EXPERIENCE DESIRED.
- Represents the People of the State of Michigan in all stages of prosecutions for violations of Michigan criminal laws, including pre-trial conferences, preliminary examinations in felony cases, motion hearings and trials, sentencing hearings and post sentencing litigation.
- Represents the petitioner in Juvenile Court cases where court jurisdiction is sought because of the abuse or neglect of a child.
- Represents the petitioner in juvenile delinquency proceedings.
- Represents the petitioner in cases seeking the involuntary commitment of persons requiring treatment under the Michigan Mental Health Code.
- Reviews child protective petition requests from DHHS or its representatives to determine if there is sufficient evidence to initiate a child protective proceeding under the Michigan Child Protection Law, and, where appropriate, authorize the petition, further the petition for more investigation or deny authorization of the filing of a child protective petition.
- Reviews termination petition requests from DHHS or its representatives to determine if there is sufficient evidence to file a termination petition under MCL 712A.19b, and, where appropriate, authorize the petition, further the petition for more investigation or deny authorization of the filing of a termination petition.
- Answers inquiries (via in person, telephone, and/or email/fax) from police officers, DHHS or it representatives, victims, witnesses, the general public, defense attorneys, and the courts efficiently, effectively, and promptly.
- Interviews victims of crime, complainants, witnesses, and police officers to gather available facts and prepare for court hearings.
- Examines police reports to determine if a crime has been committed.
- Evaluates all available information and seeks criminal warrants (court orders to arrest). Where it appears appropriate, authorizes the criminal complaint after supervisory consultation.
- Evaluates information and drafts/reviews/revises documents for search warrants. As necessary, appears before the judge, accompanied by law enforcement personnel, to obtain warrants.
- Requests discovery and/or additional information, including but not limited to requesting body camera video, patrol car videos, 911 calls, photographs, related police reports, emails/text messages/voicemails, etc., from police agencies and/or other appropriate entities as related to your cases.
- Provides discovery packets, redacting as needed, electronically for criminal and juvenile delinquency cases.
- Provides discovery, redacting as necessary, in child protective cases, which involves a combination of electronic and paper dissemination.
- Prepares for court appearances by drafting briefs/motions, witness and exhibit lists, proposed voir dire questions, and proposed jury instructions and verdict forms; researching similar cases/issues; reviewing and analyzing evidence, including the review and possible redaction of body camera videos, patrol car videos and 911 recordings; reading police reports, court reports, ISPs/USPs, PATPs, evaluations, PSIRs and other relevant documentation; designing PowerPoint presentations and/or other audio/visual presentations; and planning strategy as appropriate and necessary.
- Represents the County in pretrial conferences, preliminary exams in felony cases, motions/evidentiary hearings, criminal trials, PPO violation hearings, Probate Court hearings, sentencings/Probation violations, and delinquency/child abuse and neglect hearings as assigned.
- Represents the County in various specialty and treatment courts as assigned, such as the Juvenile Court SRT docket, Mental Health Court, Sobriety Court, and Veteran’s Court.
- Attends and participates in Washtenaw County Child Advocacy Center forensic interviews as scheduled and/or assigned.
- Represents the prosecution in court, delivering the case, carrying out opening and closing statements, arguing motions, and calling and examining witnesses as appropriate and necessary.
- Performs all pretrial and trial preparation, which includes, but is not limited to: (a) Sending Notices of Hearing and/or subpoenas to police officers, witnesses, and others as needed for an upcoming court hearing where their presence is required; (b) Filing appropriate motions, notices, and other court pleadings as required and/or needed in case files; (c) Obtaining documents, persons, photographs, records, etc. as needed for the prosecution of any case; (d) Maintaining case files and calendars so that they contain the most accurate and up-to-date information known and available to the APA; and (e) Notifying Victim Advocate of hearing dates, case resolution, and restitution issues in a timely manner.
- Communicates regularly with supervisor and coworkers about current issues and concerns and/or to discuss case strategy and issues, as well as to provide my weekly court schedule and coverage issues.
- Attends and participates in monthly prosecutor staff meetings and trainings.
- Attends and participates in conferences, trainings, and workshops to keep current on relevant precedence and changes in the law and to strengthen and improve both prosecution and trial practice skills and knowledge.
- Participates in the development and implementation with fellow colleagues of an educational training(s) to be delivered to DHHS and its representatives/designees on various topics and issues related to child abuse and neglect, child protective proceedings, termination of parental rights, and/or any other relevant issues.
Skills required for court appearances include:
- Public speaking (delivering opening statements and closing arguments)
- Direct and cross examination of witnesses
- Carefully prepare and organize cases and trial schedules to make efficient use of court time
- Maintains a professional demeanor and appearance in and out of court.
- Regularly confers with supervisor regarding status and direction of cases.
- Reads case updates, advance sheets, and legal periodicals to keep current on relevant developments in the law, particularly with respect to the areas of child abuse and neglect and child protective proceedings, crime victim
- Reviews concluded cases with supervisor to evaluate results and explore opportunities for professional development.
- Regularly records all relevant information following a court hearing (pretrials, trials, motions, final settlement conferences, jury selections, pleas, etc.) in a timely fashion in the appropriate court file through OnBase or paper file as relevant.
- Writes appellate briefs for the Circuit Court, Court of Appeals and/or Supreme Court, conducting extensive research and presenting oral argument.
- As assigned, attends and participates, as the representative of the Prosecuting Attorney, community or committee meetings on topics related to the functions of the Prosecutor’s Office.
- Utilizes current technologies available to the Prosecutor’s Office in case presentation, such as PowerPoint, laptop and projector, and digital camera.
- Once qualified, serves, on a rotating basis, as the on-call/duty prosecutor during nights and weekends/holidays.
- Performs other related duties as assigned.
- Maintains high professional and personal standards, in keeping with status as a public servant.
The above statements are intended to describe the general nature and level of work being performed by employees assigned this classification. They are not to be construed as an exhaustive list of all job duties performed by personnel so classified.
Knowledge, Skills, and Abilities:
Duties require sufficient mobility to work in a normal office setting and use standard office equipment including a computer, vision to read printed materials and a computer screen and hearing and speech sufficient to communicate in person or over the telephone.
These requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.
Possession of a Juris Doctor degree from an ABA accredited law school.
LEVEL I – GRADE 28: Entry-level classification. Employees may advance to LEVEL II after at least two (2) years of Assistant Prosecuting Attorney I experience with acceptable work performance.
LEVEL II – GRADE 30: Two (2) years of experience required with acceptable work performance.
LEVEL III- GRADE 32: Two (2) years of experience required with acceptable work performance.
NECESSARY SPECIAL REQUIREMENTS
Membership in good standing in the State Bar of Michigan.
This class description intends to identify the major duties and requirements of the job and should not be interpreted as all-inclusive. Incumbents may be requested to perform job-related duties other than those outlined above and may be required to specific job-related knowledge for successful job performance.