ASSISTANT PUBLIC DEFENDER: FORENSIC MENTAL HEALTH DIVISION ASSISTANT PUBLIC DEFENDER II & III

Main Purpose of Job Overview

The Assistant Public Defender serving as a Forensic Mental Health Attorney works directly with OPD and panel attorneys throughout the state and in all divisions to provide specialized litigation support for the representation of clients with complex behavioral health issues, primarily on issues where a behavioral health condition intersects with legal issues, such as: competency to stand trial, criminal responsibility, dangerousness assessments, and parenting capacity. The FMHD attorney assists in clarifying relevant case strategies, developing contextual legal frameworks, and identifying appropriate behavioral health experts to assist in the process. The FMHD attorney role includes advising and providing training to attorneys, direct litigation in serious Felony and Termination of Parental Rights cases, developing institutional models for practice, and participating in relevant policy development.

Primary Duties And Responsibilities

• Collaborate with all litigation team members to promote comprehensive client-centered representation from the filing of charges through disposition.
• Support OPD and panel attorneys related to all aspects of mental health evidence and expert testimony, including reviewing mental health records and case discovery, identifying trial strategies and defenses, identifying expert consultation needs, and assisting with preparation for related litigation.
• Directly participate in litigation in serious cases as needed.
• Identify relevant training needs on individual, district, and statewide bases.
• Develop and conduct informal or formal training at the district/division level and for the public, outside agencies, or other interested entities, as requested.
• Continuously seek professional and personal development through trainings, CLEs, and trial skills courses.
• Collaborate with OPD’s government relations team to identify and address injustice within the policies and systems impacting our clients with behavioral health challenges.
• Accepts other duties as assigned by the State Public Defender.

Minimum Qualifications

• Demonstrated commitment to zealous, client-centered representation of clients.
• Strong courtroom advocacy skills.
• At least 5 years criminal, parental defense, or mental health litigation experience.
• Experience as a medical or mental health professional may be substituted.
• Experience litigating jury trials, Child in Need of Assistance, or Termination of Parental Rights Hearings or hearings related to involuntary hospitalization preferred.
• Experience working with people with mental health disorders or intellectual disabilities outside of legal settings preferred.
• Experience utilizing forensic mental health experts preferred.
• Specialized training, education, or experience in the areas of psychology or psychiatry, civil commitment litigation, or other behavioral health-related occupations preferred.
• Ability to communicate effectively with OPD clients, attorneys, consulting experts and others to ensure coordination of efforts to achieve effective mental health litigation support.
• Active membership in good standing in the Maryland Bar or the Bar of another State. Individuals who are members of the Bar of another State must be admitted to the Maryland Bar within 18 months of their start date with OPD.