Assistant Prosecuting Attorney
Supervised By: Prosecuting Attorney and Chief Assistant Prosecuting Attorney
Under the direction of the Prosecuting Attorney and Chief Assistant Prosecuting Attorney, prosecutes criminal matters, includes reviewing and authorizing requests for warrants, determining the appropriate charge and representing the prosecution for criminal cases. Provides advice and assistance to legal and support staff.
Essential Job Functions:
An employee in this position may be called upon to do any or all of the following essential functions. These examples do not include all of the duties, which the employee may be expected to perform. To perform this job successfully, an individual must be able to perform each essential function satisfactorily.
- Reviews criminal warrant requests from state and local law enforcement agencies, analyzes police reports, collects input from the law enforcement officer(s), researches the law as necessary to determine applicable statutes, and determines whether adequate grounds exist to authorize a warrant. Determines the appropriate charge to be made.
- Researches and prepares criminal cases for trial, motion, sentencings and other proceedings. This includes the research of applicable law, interviewing victims and witnesses and investigating claims, developing trial strategies, and advising law enforcement officers in further investigations.
- Authorizes and/or drafts search warrants for law enforcement agencies within the County.
- Appears in court for arraignments, motions, trials, sentencing and other proceedings to represent the Prosecutor. Selects jury, presents arguments, examines and cross-examines witnesses, introduces exhibits, confers with judge and defense counsel on points of law and procedure, and argues factual conclusions to a judge or jury. Participates in settlement conferences.
- Attempts to resolve and dispose of pending criminal cases by conferring with attorneys, police agencies, and parties involved in order to reach agreement on pleas and potential sentences.
- Drafts motions, briefs and other legal documents on various issues involved in the prosecution of criminal cases.
- Initiates and responds to legal motions and evidentiary hearings in all misdemeanor prosecutions.
- Advises and assists law enforcement officers within the county on legal issues and problems, questions of law and procedure, interpretation of court rulings, case preparation and other matters related to criminal prosecution. Gives legal advice and drafts and authorizes search warrants.
- Serves in an on-call status to respond to requests for arrest and search warrants.
- Performs other duties as directed.
Required Knowledge, Skills, Abilities and Minimum Qualifications:
The requirements listed below are representative of the knowledge, skills, abilities and minimum qualifications necessary to perform the essential functions of the position. Reasonable accommodations may be made to enable individuals with disabilities to perform the job.
Requirements include the following:
- Juris Doctorate Degree and one year of experience as a prosecuting attorney or equivalent court experience.
- The county, at its discretion, may consider an alternative combination of formal education and work experience.
- License to practice law in the State of Michigan and a member in good standing with the Michigan Bar Association.
- Michigan Vehicle Operator’s License.
- Thorough knowledge of the professional public management techniques involved in budgeting, personnel administration and resource management, and the ability to identify and implement new best practices.
- Thorough knowledge of the principles and practices of the State of Michigan Court system procedures and statutes, criminal law, and courtroom policies and procedures.
- Considerable knowledge of criminal and case law, conducting legal research in both electronic and non-electronic formats, preparing and interpreting legal documents, courtroom presentation, and applicable local, state, and federal laws, rules, and regulations.
- Knowledge and skill in analyzing and researching statutes and case law, preparing and interpreting legal documents, and interpreting evidence.
- Knowledge and skill in prosecuting criminal cases.
- Skill in assembling and analyzing data, preparing comprehensive and accurate reports, and formulating policy and service recommendations.
- Skill in effectively communicating ideas and concepts orally and in writing, and making presentations in public forums.
- Ability to establish effective working relationships and use good judgment, initiative and resourcefulness when dealing with county employees, court officials, representatives of other governmental units, professional contacts, elected officials, and the public.
- Skill in the use of office equipment and technology, including Microsoft Suite applications, database use and the ability to learn new software programs applicable to the position.
- Ability to respond to emergencies or service needs on a 24-hour basis.
Physical Demands and Work Environment:
The physical demands and work environment characteristics described here are representative of those an employee encounters while performing the essential functions of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is regularly required to communicate in person and by telephone, read regular and small print, view and produce written and electronic documents, and enter data on a computer keyboard with repetitive keystrokes. The employee must be mobile in an office or courtroom setting, stand, sit, stoop and kneel, use hands to finger, handle, or feel, and reach with hands and arms. The employee must lift or push/pull objects of up to 15 lbs. without assistance. Accommodation will be made, as needed, for employees required to lift or move objects that exceed this weight.
The typical work environment of this job is a business office and courtroom setting where the noise level is quiet and sometimes moderate.
This is a full-time non-union position and is eligible for Otsego County benefits.
2021 Salary: $ 55,397.95 annually
For purposes of FLSA, this is an exempt position.