ASSISTANT PROSECUTING ATTORNEY I
SUPERVISOR: Prosecuting Attorney
DEPARTMENT: Prosecuting Attorney
FLSA CLASSIFICATION: Exempt
Under the direction of the Prosecuting Attorney, Chief Assistant Prosecuting Attorney, or other supervisor, and in a developing capacity, represents the People of the State of Michigan in the prosecution of criminal and civil cases before the Probate, District and Circuit Court. Provides legal counsel to the various police agencies operating within Emmet County, and local units of government within the County, regarding issues pertaining to the investigation and prosecution of violations of Michigan criminal laws.
Initially under close supervision, employees gradually receive more complex assignments and work more independently as experience is gained. Employees may advance to level II after gaining the required experience and demonstrating acceptable work proficiency.
EXAMPLES OF DUTIES
• Interviews victims of crime, complainants, witnesses and police officers to gather available facts.
• Examines police reports to determine if a crime has been committed.
• Evaluates all available information and seeks criminal warrants (court orders to arrest). Where it appears appropriate, authorizes the criminal complaint after supervisory consultation.
• Evaluates information and drafts documents for search warrants. As necessary, appears before the judge, accompanied by law enforcement personnel, to obtain warrants.
• Prepares for court appearances by drafting briefs, researching similar cases, analyzing evidence and planning strategy.
• Represents the People of the State of Michigan in all stages of prosecutions for violations of Michigan criminal laws, including pre-trial conferences, preliminary examinations in felony cases, motion hearings and trials, sentencing hearings and post sentencing litigation, litigation of misdemeanor cases in district court and litigation of felonies in circuit court when appropriate to professional development.
• Represents the petitioner in cases seeking the involuntary commitment of persons requiring treatment under the Michigan Mental Health Code.
• Represents the petitioner in juvenile delinquency proceedings.
• Represents the petitioner in Juvenile Court cases where court jurisdiction is sought because of the abuse or neglect of a child.
• Skills required for court appearances include:
• Public speaking (delivering opening statements and closing arguments)
• Direct and cross examination of witnesses
• Carefully prepare and organize cases and trial schedules to make efficient use of court time
• Maintains a professional demeanor and appearance in and out of court.
• Regularly confers with supervisor regarding status and direction of cases.
• Reads case updates, advance sheets, and legal periodicals to keep current on relevant developments in the law.
• Attends training sessions, workshops and seminars as directed by the prosecuting attorney.
• Reviews concluded cases with supervisor to evaluate results and explore opportunities for professional development.
• Writes appellate briefs for the Circuit Court, Court of Appeals and/or Supreme Court, conducting extensive research and presenting oral argument.
• Ability to maintain proficiency in the use of computer database, word processing equipment and software.
• As assigned, attends and participates, as the representative of the Prosecuting Attorney, community or committee meetings on topics related to the functions of the Prosecutor’s Office.
• Once qualified, serves, on a rotating basis, as the on-call/duty prosecutor during nights and weekends/holidays.
• Performs other related duties as assigned.
• Maintains high professional and personal standards, in keeping with status as a public servant.
The above statements are intended to describe the general nature and level of work being performed by employees assigned this classification. They are not to be construed as an exhaustive list of all job duties performed by personnel so classified.
KNOWLEDGE, SKILLS, AND ABILITIES
Appointed by the Prosecuting Attorney to serve at the Prosecuting Attorneys pleasure.
Membership in good standing in the State Bar of Michigan.
Possession of a valid Michigan Driver’s License to travel between courts and to attend training.
Requires a personal background investigation including a criminal history check.
Duties require sufficient mobility to work in a normal office setting and use standard office equipment including a computer, vision to read printed materials and a computer screen and hearing and speech sufficient to communicate in person or over the telephone.
These requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.
Possession of a Juris Doctor degree from an ABA accredited law school.
LEVEL I: Entry-level classification. Employees may advance to LEVEL II after at least two (2) years of Assistant Prosecuting Attorney I experience with acceptable work performance.
LEVEL II: Two (2) years of experience required with acceptable work performance.