Attorney - Commitment Defense Unit

The Commitment Defense Unit within the Missouri State Public Defender (MSPD) is a specialized division committed to protecting the civil liberties of individuals facing involuntary civil commitment under Missouri's Sexually Violent Predator Act. This unit plays a crucial role in ensuring that the rights of these individuals are defended with the utmost rigor, emphasizing the importance of fair and just legal proceedings.

Attorneys in the Commitment Defense Unit routinely try cases in front of juries. There is no plea bargaining or settling in civil commitment cases, so almost every case ends with a jury or bench trial. Attorneys in the unit routinely first chair multiple trials every year and second chair multiple more. Each case involves retaining at least one expert witness to review case materials and most trials involve multiple expert witnesses.

With a steadfast dedication to justice, the Commitment Defense Unit serves as a critical safeguard against wrongful or unjust civil commitments. The unit is strategically positioned to challenge the legal basis of these cases, providing thorough and expert representation throughout the complex legal process. Attorneys in this division are highly skilled in navigating the intricate intersection of criminal and civil law, advocating for clients at every stage, from initial commitment proceedings to ongoing reviews and potential releases.

The Commitment Defense Unit stands at the frontline of civil rights defense, offering a robust response to the state's efforts to commit individuals indefinitely. These attorneys are deeply committed to the principles of due process and are relentless in their pursuit of justice, working tirelessly to ensure that no individual's liberty is unjustly compromised. Attorneys in the Commitment Defense Unit are paid a monthly differential, on top of their base salary.

As a Commitment Defense Attorney with MSPD's Commitment Defense Unit (CDU), you will be a key advocate for clients facing involuntary civil commitment under Missouri’s Sexually Violent Predator Act. You will represent clients through all phases of commitment proceedings, ensuring their rights are vigorously defended. This role requires building strong relationships with clients, conducting thorough case investigations, and challenging the state’s case in court proceedings.

Job duties include:

Client Advocacy:

• Develop and maintain professional relationships with clients through in-person meetings, phone communication, and institutional visits.
• Provide thorough legal counsel and guidance to clients at every stage of their commitment case.
• Advocate for the protection of clients' civil liberties, ensuring due process rights are respected.

Case Investigation:

• Conduct in-depth investigations, including interviews with clients, witnesses, expert witnesses, and relevant family members.
• Review discovery materials, including forensic evaluations and expert reports, to identify critical defense strategies.
• Analyze the legal and factual basis of the state’s petition for commitment.

Communication and Transparency:

• Keep clients fully informed about the status of their cases, including investigation findings, negotiations, and court rulings.
• Ensure transparent communication, making sure clients understand their legal rights and options.

Court Appearances:

• Represent client at jury trials-There are no plea offers or settlements involved in our commitment trials, almost all cases go to a jury trial.
• Represent clients at commitment hearings, periodic reviews, and other court proceedings related to civil commitment and Conditional Release under the Sexually Violent Predator Act.
• Advocate vigorously in pre-trial hearings, trials, and appeals to challenge the state's case for civil commitment.

Legal Research and Document Preparation:

• Conduct legal research to stay current on civil commitment laws, regulations, and relevant case law.
• Prepare legal documents such as motions, pleadings, and briefs for hearings, trials, and other legal proceedings.

Trial Preparation:

• Prepare clients, witnesses, and expert witnesses for hearings andtrials.
• Develop and execute a strategic defense for commitment trials, using expert testimony and legal arguments.

Client Interests and Holistic Approach:

• Promote and protect the best interests of clients, taking a holistic approach to legal representation.
• Ensure that clients’ civil rights and personal dignity are upheld throughout the process.

Collaboration:

• Collaborate closely with colleagues, support staff, and expert witnesses to develop comprehensive defense strategies.
• Foster a team-oriented environment to enhance legal representation for clients.

Continuing Legal Education (CLE):

• Attend CLE sessions to remain updated on developments in civil commitment law and maintain professional skills.

Licensed to practice law in the State of Missouri, awaiting bar results, or transferring bar license from a different state. Passion for criminal defense and commitment to justice for indigent clients. Strong communication and advocacy skills. Ability to manage a diverse caseload with efficiency and attention to detail. Willingness to work in varied settings and adapt as necessary. Collaborative spirit to work effectively with support staff and legal team members. Openness to continuous learning and participation in training programs.

This is a full-time position that can be based in one of MSPD's plex offices in Kansas City, Columbia, or St. Louis. The successful candidate will receive competitive compensation and State of Missouri benefits that include a defined pension plan, generous amounts of leave and holiday time, and eligibility for health insurance coverage. Learn more about benefits at https://publicdefender.mo.gov/employment/working-for-mspd/benefits/ Your total compensation is more than the dollars you receive in your paycheck. To help demonstrate the value of working for the State of Missouri, we have created an interactive Total Compensation Calculator. This tool provides a comprehensive view of benefits and more that are offered to prospective employees. The Total Compensation Calculator and other applicant resources can be found https://pers.oa.mo.gov/applicants .

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• State of Missouri

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