Motion for New Trial Attorney - Public Defender

Conducts legal research, drafts legal documents and interprets laws, rules and regulations. Receives level of oversight, training, and supervision based on experience and expertise in assigned area.

Motion for New Trial Attorney

The Motion for New Trial (MNT) attorney will be responsible for investigating, evaluating and filing (when appropriate) MNTs within 30 days of a final trial court judgment on cases where the Public Defender is appointed on appeal. The investigation and assessment of the potential filing will require reading trial transcripts, interviewing clients, and potentially collaborating with trial counsel to determine if a motion could and/or should be filed. This position will be housed in the appellate division but will require presence in the trial courts, working with clients/investigators, as well as supporting briefing counsel on the appeal. 

The MNT attorney would set up initial case: perform conflict check, log deadlines on calendar, file any initial motions, request trial attorney file, subpoena jail visit logs and jail cards, order medical records, and have preliminary meeting with client. They will also evaluate case: review trial court records, conduct necessary legal research on applicable law; interview client, consult with trial counsel; review and gather evidence; and determine if MNT is appropriate to file. If MNT is appropriate: will draft and file the motion. If the State replies, prepare and file the reply brief. 

They MNT attorney will also represent the client in the MNT hearing, if applicable. If MNT not appropriate for filing: prepare a memo for the appellate file on why MNT not appropriate for filing.

Education, Experience and Training:

Graduation from an accredited law school with a license to practice law in the State of Texas. Minimum two (2) years and (6) months experience practicing law required. Extensive appellate work on direct appeals is required.

Ideal candidate would have five (5) or more years worth of experience practicing law and would include three (3) years of criminal trial court or criminal appellate experience. 

Disclaimers: This is an “at will” position with no civil service or other appellate rights. This job description is not an employment agreement or contract. Management has the exclusive right to alter this job description at any time without notice.

Physical/Environmental Requirements:

Standard office environment.

1. Files appellate briefs on behalf of indigent defendants in direct appeals of trial court judgments and orders. 

2. Conducts legal research and writes briefs; appearing and arguing in appellate court as necessary or desirable. Complies with appellate timetables. 

3. Advises litigation section on developments in case law, provides to trial attorneys on how to preserve issues for appeal. 

4. Responds to judges regarding jury charges and legal questions. 

5. Assists felony and misdemeanor public defenders as needed. 

6. Performs other duties as assigned.

Minimum Salary: $51.36

Maximum Salary: $77.50