Assistant Commonwealth Attorney I, II, and III

Salary: See Position Description
Location : 800 E. City Hall Avenue, Suite 600, Norfolk, VA
Job Type: Unclassified
Job Number: 08001
Department: Commonwealth's Attorney
Opening Date: 03/08/2023

Description
Norfolk Commonwealth's Attorney Office seeks prosecutors dedicated to the principles of public safety, equity, honesty, and fairness. Norfolk is a busy jurisdiction of 50 prosecutors and 45 staff, with ample opportunity for gaining experience early and for working on interesting and advanced cases. The office prosecutes all felony and all jailable misdemeanor cases. The office believes in criminal justice reform and in data-driven, evidence-based processes that promote accountability for violent crime and opportunities in other cases for rehabilitation, diversion, and restoration where possible. Assistant Commonwealth's Attorneys serve under the supervision of a Deputy Commonwealth's Attorney and the mentorship of two to three Senior Assistant Commonwealth's Attorneys and rotate through four divisions in the office, all dedicated to vertical prosecution: Two Community Prosecution Teams corresponding to the City's First and Second Police Precincts; a Juvenile and Domestic Relations Court Team prosecuting cases originating in that Court; and a Community Outreach Team responsible for participants in the Drug, Mental Health, Veterans Track, and Reentry Court Programs and in Virginia's first and only Family Justice Center.
Assistant Commonwealth Attorney III: $113,406.11

Assistant Commonwealth Attorney II: $99,537.37

Assistant Commonwealth Attorney I: $89,554.60

All positions offer benefits and VRS retirement.
Essential Functions

Essential functions include but are not limited to:

Assistant Commonwealth's Attorney I:

• Prepares cases for trial by reviewing case reports, identifying the relevant facts of the case, contacting necessary witnesses for interviews, reviewing relevant state law and anticipating possible defenses. Case preparation includes conferring with supervisor when necessary, and following office procedures including the "Plea Agreement Policy."
• Establishes rapport with victims and witnesses by explaining the process of testifying, reviewing possible questions, informing them about court procedures, and advising them about changes in the case prosecution and court dates. Coordinates with Victim- Witness Advocates when necessary for travel arrangements or matters regarding witness safety and confidentiality.
• Responds to discovery requests by preparing written responses for defense attorneys which include defendant's statements and a record of defendant's prior convictions. Complies with the ongoing discovery obligations during a case in accordance with the Virginia Code and the Rules of the Virginia Supreme Court, as well as compliance with state and federal constitutional requirements.
• Evaluates whether a plea offer should be tendered. Negotiates plea agreements with opposing counsel, calculates sentencing guidelines, drafts plea agreements, make bond arrangements when necessary, and perform other tasks to resolve the case. Familiarity with "alternative" and/or "community courts" is required.
• Conducts preliminary hearings in General District Courts and Juvenile Courts, and certain misdemeanor trials in both courts. In Juvenile Court conducts transfer and certification hearings. Complies with office policies regarding file documentation after District Court, preparation of documents for Grand Jury, and scheduling of cases for trial in Circuit Court.
• Presents cases in Circuit Court by preparing opening and closing statements, performing direct and cross-examinations, making and responding to objections, explaining complex legal concepts and presenting evidence and arguments at trial and at sentencing. Coordinates with Victim-Witness advocates regarding victim testimony or impact statements at sentencing. Also handles pre-trial and post-trial motions.
• Keeps supervisors and the office's communications director apprised of "high profile" or difficult cases.
• Manages caseloads by keeping files updated, documenting additional facts and evidence after hearings, ensuring all changes are made properly. Compliance with office policy regarding the conclusion of cases and closing files.
• Maintains knowledge of current case law and rules of evidence by researching pertinent topics, reviewing other Attorney's briefs, reading the Rules of Virginia Evidence book and attending training sessions. Must comply with Virginia State Bar's CLE requirements.
• Manages appeals from lower courts by filling out any necessary paperwork, scheduling court dates and completing all necessary steps in accordance with the law. Prepares Briefs in Opposition as required when cases are appealed to Court of Appeals and/or Supreme Court. Complies with all filing deadlines.
• Conducts his or herself in a professional manner at all times. Complies with office confidentiality procedures.
• Engages in community and/or civic events which support the mission of the office when able to do so.

Assistant Commonwealth's Attorney II:

• Considerable experience in preparing cases for trial by reviewing case reports, identifying the relevant facts of the case, contacting necessary witnesses for interviews, reviewing relevant state law and anticipating possible defenses. Case preparation includes conferring with supervisor when necessary, and following office procedures including the "Plea Agreement Policy."
• Establishes rapport with victims and witnesses by explaining the process of testifying, reviewing possible questions, informing them about court procedures, and advising them about changes in the case prosecution and court dates. Coordinates with Victim- Witness Advocates when necessary for travel arrangements. Complies with the Victim's Rights Act regarding witness communication, safety and confidentiality. Has considerable experience in handling uncooperative witnesses, co-defendant witnesses and other inmate witnesses.
• Competently and thoroughly responds to discovery requests by preparing written responses for defense attorneys which include defendant's statements and a record of defendant's prior convictions. Complies with the ongoing discovery obligations during a case in accordance with the Virginia Code and the Rules of the Virginia Supreme Court, as well as compliance with state and federal constitutional requirements.
• Competently uses Motions in Limine to address discovery and/or evidentiary issues before trial.
• Easily performs case evaluation and plea negotiations. Considerable experience in negotiating plea agreements with opposing counsel, calculating sentencing guidelines, drafting plea agreements, making bond arrangements when necessary, and performing other tasks to resolve the case. Coordinates with "alternative" and/or "community courts" as appropriate.
• Competently conducts preliminary hearings in General District Courts and Juvenile Courts, and certain misdemeanor trials in both courts. In Juvenile Court conducts transfer and certification hearings. Complies with office policies regarding file documentation after District Court, preparation of documents for Grand Jury, and scheduling of cases for trial in Circuit Court.
• Considerable experience in presenting cases in Circuit Court by preparing opening and closing statements, performing direct and cross-examinations, making and responding to objections, explaining complex legal concepts and presenting evidence and arguments at trial and at sentencing. Coordinates with Victim-Witness advocates regarding victim testimony or impact statements at sentencing. Also handles pre-trial and post-trial motions.
• Handles more complex cases including multi-day juries.
• Is expected to work independently and with less supervision than an Attorney I.
• May serve as a mentor for younger attorneys.
• Will serve as a "second chair" on juries with younger attorneys to assist them in training.
• May be called on to conduct training with local law enforcement or other professional witnesses such as child abuse counselors, SANE nurses, etc. Is expected to become proficient with law and rules of evidence relevant to such training.
• Keeps supervisors and the office's communications director apprised of "high profile" or difficult cases.
• Efficiently manages caseloads by keeping files updated, documenting additional facts and evidence after hearings, ensuring all changes are made properly. Compliance with office and team policies regarding the conclusion of cases and closing files. Should have established time-management procedures in place for his or her own case work and scheduling.
• Maintains knowledge of current case law and rules of evidence by researching pertinent topics, reviewing other Attorney's briefs, reading the Virginia Rules of Evidence and attending training sessions. Must comply with Virginia State Bar's CLE requirements.
• Assists with in-office training as required, and prepares training materials for use by colleagues.
• Effectively manages appeals from lower courts by filling out any necessary paperwork, scheduling court dates and completing all necessary steps in accordance with the law. Prepares Briefs in Opposition as required when cases are appealed to Court of Appeals and/or Supreme Court. Complies with all filing deadlines.
• Conducts his or herself in a professional manner at all times. Complies with office confidentiality procedures.
• Engages in community and/or civic events which support the mission of the office when able to do so.

Assistant Commonwealth's Attorney III

Education/Experience
Assistant Commonwealth Attorney III: Minimum of eight years of prior prosecution experience, including substantial experience in the prosecution of homicides, high-complexity white-collar crime, or equivalent matters sufficient to allow for the first-chair prosecution of murder cases under minimal supervision.

Assistant Commonweatlh Attorney II: Minimum of three years of prior prosecution experience, including experience trying jury cases in Circuit Court. Experience in the briefing and argument of pretrial and post-trial motions, including motions to suppress and motions in limine. Strong knowledge of federal and Virginia case law relating to the Fourth, Fifth, and Sixth Amendments.

Assistant Commonwealth Attorney I: A Virginia law license in good standing at the commencement of work. Applicants awaiting bar results are welcome to apply, but all offers to such applicants are contingent on successful passage of and admission to the Bar. Prior experience as a public defender, criminal-defense lawyer, public interest lawyer, innocence lawyer, probation officer, police officer, or federal/state judicial law clerk preferred but not required. Prior experience with Prosecutor by Karpel, evidence.com, or other case management or digital-evidence management systems a plus.

• Regular full-time and permanent part-time employees may receive paid holidays, vacation and sick leave, employer paid pension plan, basic life insurance, voluntary participation in medical and dental, Section 457 deferred compensation, long-term disability, optional life insurance for self, spouse and children, medical and dependent care reimbursement plans, access to membership in credit union and employer provided parking.
  
• Special project/grant employees are generally eligible for the same benefits of regular full-time employees; however, retirement, life insurance and participation in health plans vary depending upon funding and authorization.
  
• Temporary/seasonal and part-time employees are generally only eligible for employer provided parking and access to membership in credit union.
  
• Retirement

If you are hired October 5, 2010, or after to a position with City of Norfolk Retirement System benefits, you will be required to contribute five percent (5%) of your salary toward your retirement benefit. This will be a pre-tax payroll deduction.

If you are hired January 1, 2022, or after to a position with Virginia Retirement System (VRS) benefits, you will be required to contribute five percent (5%) of your salary toward your retirement benefit. This will be a pre-tax payroll deduction.

• The Tuition Assistance Program is established to encourage employees toward continued self-development and education. Permanent full-time and permanent part-time classified, unclassified permanent, full-time special projects, and constitutional employees who have completed six months continuous service will be eligible to apply. The applicant's school of enrollment must be an accredited institution.

NOTE:
The benefits described above are broad generalizations. The specific benefits that an employee may be eligible for are governed by City regulations, as applicable to job type.
Non-City
Positions listed with a job type designation of "Non-City" are not subject to the benefits descriptions above. Refer to the content of the job posting for information regarding these positions.
01

The following Supplemental Questions are specific to the position for which you have applied to assist the hiring manager in screening applications for specific experience being sought. Please be specific in answering these questions as they will be used to evaluate which applications will be given further consideration in the process. Do not answer "see resume" or "see application" as these are not valid answers. Please note that if you are invited to be interviewed by the department, your responses to the following questions may be subject to verification.

• I understand and will answer the following supplemental questions completely and thoroughly.

02

Please select the highest level of education you have completed.

• Less than High School Diploma/GED
• High School Diploma/GED
• Vocational/Technical Degree
• Associate's Degree
• Bachelor's Degree
• Master's Degree or higher

03

Are you a current or previous City of Norfolk employee?

• Yes - I am a current City of Norfolk Employee
• Yes - I am a previous City of Norfolk Employee
• No - I am not a previous or current City of Norfolk employee

04

Do you currently reside in the City of Norfolk?

• Y