Staff Attorney I - COA (2-year rotation)

Full Job Description

Under the direct supervision of the Chief Staff Attorney, assists the Court of Appeals judges by reviewing assigned cases, researching and analyzing legal issues, and providing written and oral recommendations to the Court.

ESSENTIAL DUTIES AND RESPONSIBILITIES OF THE POSITION
Independently reviews and analyzes direct appeals and post-conviction relief petitions filed with the Court. Reads and reviews paper case file and electronic case file for each assigned case. Reviews underlying order to determine whether order is immediately appealable to the Court of Appeals. Reads and reviews appellate briefs and petitions and the record on appeal. Conducts preliminary legal research on the issues raised in the briefs or petitions, including but not limited to a review of the cases cited in the brief or petitions. Researches the issues presented on appeal using Westlaw, the South Carolina Code of Laws, and other legal authority. Determines a proposed recommendation for each case or a recommendation that the case be scheduled for oral argument.

Orally presents assigned cases to Chief Staff Attorney, Deputy Chief Staff Attorney, or Senior Staff Attorneys during conferences. Summarizes the facts of each case, recites the issues presented on appeal, and provides a proposed legal recommendation for the case or a recommendation that the case be returned to the Clerk's Office to be scheduled for oral argument.

Drafts a bench memorandum for each assigned direct appeal case, which includes the case caption, an introduction to the case, a summary of the relevant facts, a listing of the issues raised on appeal, a summary of the parties' arguments, citations and analysis of relevant case law, and an analysis of the law that applies the law to the facts of the case. Drafts proposed opinions and orders resolving each case to be submitted to the Court for consideration, review, and ultimate filing with the Clerk of Court.

Self-edits all work product, reading the documents and reviewing substance, form, grammar, and style. Spades opinions and orders to ensure the legal authority is correctly cited, the authority stands for the proposition it is cited for, or if a direct quote, the quote is exact.

Submits all assigned cases for the month to the Chief Staff Attorney or Deputy Chief Staff Attorney for review and approval of the legal recommendations prior to distribution to the Court.

Distributes approximately four cases for consideration by the Court each month by uploading memoranda and opinions in C-Track and electronically circulating the opinions to the Court.

Reviews and analyzes petitions for rehearing and other motions filed in assigned cases as determined by the Chief Staff Attorney or Deputy Chief Staff Attorney. Reads the petitions and motions and conducts legal research relating to the legal issues raised. Drafts memoranda summarizing the facts, the issues, and a proposed recommendation. Submits the orders for review by the Chief Staff Attorney or Deputy Chief Staff Attorney. Uploads memoranda and orders on C-Track for review by the Court.

Responds to questions and concerns regarding assigned cases from the Court. Prepares written responses, including addendums to memoranda previously submitted to the Court, as needed.

Works in chambers on oral argument cases as requested by the Court and assigned by the Chief Staff Attorney. Conferences cases with assigned judge, providing a summary of the facts of the case, the legal issues raised on appeal, a summary of relevant case law, and a proposed recommendation for the disposition of the issues. Independently drafts bench memoranda for the assigned panel of judges. Attends oral argument, and takes notes of arguments made by attorneys. Drafts proposed opinions for the Court.

Requirements

Juris Doctorate Degree from an American Bar Association (ABA) accredited school of law and admission to or eligibility for admission to the practice of law in South Carolina within first year of employment.
Minimum of 3.2 GPA and Journal or Moot Court experience.

Qualifications

Current member of the South Carolina Bar in good standing.
Prior experience using Westlaw and Microsoft Word.

Knowledge, Skills, Abilities and Other Characteristics
Knowledge of South Carolina law and procedure, Westlaw, and the Bluebook System of Citation.
Ability to analyze complex legal issues, to apply state/federal law and judicial decisions, and to effectively draft logical and clear legal documents.
Ability to exercise excellent self-direction, prioritize tasks, and meet deadlines.
Ability to interact and maintain relationships with judges and ability to work in a team environment.
Ability to listen to new ideas and recommendations from others.
Ability to speak effectively when addressing judges and co-workers.
Ability to maintain confidentiality and use discretion in dealing with sensitive information.

Additional Information

The South Carolina Judicial Branch offers an exceptional benefits package for FTE positions that include:

• Health, Dental, Vision, Long Term Disability, and Life Insurance for Employee, Spouse, and Children.
• State Retirement Plan and Deferred Compensation Programs (Temporary positions have option to enroll).
• 15 days paid annual (vacation) leave per year.
• 15 days paid sick leave per year.
• Option to designate 10 days of earned paid sick leave per year as family sick leave.
• 13 paid state holidays.
• Workers’ Compensation Benefits.