The National Association of Criminal Defense Lawyers (NACDL) is currently accepting applications to fill a grant-funded Post-Conviction Project Counsel position that will assist in a historic review of cases where scientifically invalid evidence may have led to wrongful convictions. Post-Conviction Counsel will also assist NACDL’s Senior Resource Counsel in developing and administering direct assistance, support services and training for criminal practitioners in a variety of practice settings throughout the United States, with an emphasis on post-conviction innocence claims and flawed forensic evidence. While the initial grant is expected to fund the position for one year, the position is considered at-will employment (not contract). Depending on circumstances, additional funding may be available to extend this position beyond one year.
Position Description
Post-Conviction (“PC”) Counsel is a limited-term grant funded position that will commence in July/August 2015. One of PC Counsel’s major responsibilities will be participating in a historic collaboration between NACDL, the Innocence Project, the FBI and the Department of Justice to identify and review cases where scientifically invalid microscopic hair comparison evidence may have been presented. FBI Testimony on Microscopic Hair Analysis Contained Errors in at least 90% of Cases in Ongoing Review: 26 of 28 FBI Analysts Provided Testimony or Reports with Errors, NACDL Press Release; “FBI admits flaws in hair analysis over decades,” S. Hsu, The Washington Post (April 18, 2015). Duties will include reviewing transcripts of microscopic hair comparison testimony and lab reports to determine if they exceed the limits of science, and providing resources and support in the cases of people who may have been wrongly convicted based in part on flawed forensic evidence. PC Counsel will also keep data for the Microscopic Hair Comparison Review project, identify and contact affected parties, and help to recruit pro bono counsel for individuals who will be challenging a conviction based on this flawed evidence.
PC Counsel will also assist NACDL’s Senior Resource Counsel in developing and administering support services for criminal practitioners in a variety of practice settings throughout the country, with an emphasis on post-conviction innocence claims. This will include gathering resources and further developing and updating NACDL’s existing resources to provide assistance on all aspects of post-conviction criminal defense practice, helping post-conviction lawyers to effectively identify and provide high quality representation in cases of wrongful conviction.
Outreach
Assist in the location and notification of defense counsel/ defendants in cases of possible wrongful conviction based on flawed forensic evidence. Recruit pro bono counsel to handle potential innocence claims for unrepresented individuals.
Collaborate with networks of lawyers who handle innocence cases to aid in providing education, training and strategic support to this under-resourced group.
Online resource development
Collaborate with innocence projects and other innocence efforts to develop and maintain resources for lawyers who will be seeking DNA testing and litigating cases where scientifically invalid forensic evidence was used.
Identify and gather sample pleadings, including briefs and motions and upload them to the online “toolbox” of practical legal resources relevant to those handling post-conviction innocence cases.
Gather materials on new developments on the reliability of various forensic disciplines (such as arson, firearms and toolmarks, bitemarks, etc.) including motions challenging such evidence and related case law.
Assist in updating and expanding NACDL’s online Experts Database.
Training and Assistance for Post-Conviction Lawyers
Work with innocence efforts to determine their greatest training, technical assistance, and funding needs, including conducting site visits to those programs if appropriate.
Identify and develop materials to assist in screening requests for assistance in potential wrongful conviction claims.
Assist Senior Resource Counsel, in collaboration with NACDL’s education department, to develop, organize and execute training programs.
Qualifications Desired:
J.D.
Criminal defense and/or post-conviction experience
Demonstrated interest in and commitment to criminal justice reform
Excellent legal research and writing skills
Ability to work both independently and as part of a team
Ability to cultivate relationships with outside public interest and legal organizations and collaborate with them to achieve our goals
How to apply
Please send cover letter with salary requirements, resume, and writing sample (5-10 pages preferred) as PDF files by email to employment@nacdl.org with the subject line “Post-Conviction Project Counsel.” Please format attachment filenames as “1. Lastname, Firstname – Resume,” “2. Lastname, Firstname – Cover Letter,” etc.
The position is open immediately. Applications will be considered on a rolling basis until the position is filled.