Assistant Public Defender II

About the Role

The Regional Public Defenders for Capital Cases (RPDO) has a practice limited to trial-level, capital-only, indigent defense. Appointed by the Chief Public Defender, this position is responsible for providing legal representation for capital defendants in criminal proceedings and ensuring their constitutional rights are upheld. Serves as lead counsel in some cases. Oversees and participates in preparation, presentation, and disposition of cases in accordance with the A.B.A. Guidelines for the Appointment and State Bar of Texas Performance of Defense Counsel in Death Penalty Cases Guidelines.

Responsibilities

• Embrace the Mission, Vision, and Values of the RPDO and work within the team concept demanded in RPDO work.
• Provide legal advice to clients and interview clients and witnesses to obtain information necessary for preparing a defense.
• Actively pursue an investigation into intellectual disability unless or until it is ruled out.
• Participate in plea negotiations with prosecutors regarding the pending case and advise clients on plea offers, options, and potential for success at trial or other dispositions.
• Direct the development of the case in collaboration with the fact investigator, mitigation specialist, and legal assistant, including preparing the guilt/innocence case as well as the punishment case.
• Document work through memos, digestion, trial notebook entries, and email as appropriate.
• Seek necessary funding from the Court for outside experts in the preparation of a defense.
• Perform legal research and study legal records and documents to obtain information applicable to case issues under consideration.
• Obtain documents by subpoena and other discovery methods.
• Review case discovery and investigative material in a timely manner beginning on receipt.
• Draft briefs, motions, orders, subpoenas, and other legal documents, as well as correspondence and reports.
• Identify any affirmative or de facto defenses and tactical procedural choices for clients.
• Prepare cases for trial starting from the date of appointment, including preparation of a trial notebook, and make ongoing efforts to obtain an agreed resolution resulting in a sentence less than death.
• Provide narrative, descriptive entries in client files of opinions, impressions, and facts collected.
• Preserve any potential error for appellate points and the record as to emerging areas of constitutional law related to the death penalty.
• Advise clients of the constitutional rights waived by pleading guilty and the potential direct and collateral consequences of a guilty plea, including specific immigration consequences for non-citizen clients.
• Select juries, examine and cross-examine witnesses, draft and argue jury instructions, and argue cases to the jury.
• Staff other cases assigned to the office with other attorneys and staff.
• Respond to telephone calls and email from family members of clients, district attorneys, courts, and court staff.
• Demonstrate the ability, willingness, and commitment to working on a team, including collaborating with all team members from case appointment to resolution.

Requirements

• J.D./LL.B. from an accredited law school.
• Member in good standing of the State Bar of Texas or ability to obtain a Texas license within 6 months of hiring.
• Exhibit exceptional trial skills and commitment to providing excellence in representation of clients.
• Trial experience in the use of and challenge to mental health or forensic expert witnesses.
• Experience investigating and presenting mitigating evidence at the penalty phase of a death penalty trial is a plus.
• At least five years’ experience in criminal law, demonstrating the required legal knowledge and skill necessary to provide representation in capital felonies.
• Tried to verdict as lead counsel a significant number of felony trials, including homicide trials and other trials for offenses punishable as first or second-degree felonies or capital felonies, preferably homicide cases.
• Participated in continuing legal education courses or other training relating to criminal defense and willingness to attend CLE for death penalty cases.
• Provide a list of death penalty cases tried to verdict and/or documentation of felony trial experience.

Skills

• Substantial knowledge and understanding of relevant (criminal) state, federal, and international law, both procedural and substantive, with a commitment to learn laws governing capital cases.
• Skill in interviewing a variety of individuals to determine facts and circumstances.
• Skill in developing effective defense strategies, analyzing cases, and applying legal principles.
• Skill in presenting an effective defense in court and preparing clear, concise, accurate, and effective legal arguments.
• Skill in the management and conduct of complex negotiations and litigation.
• Skill in legal research, analysis, and drafting of litigation documents.
• Skill in oral advocacy and the use of expert witnesses, including familiarity with common areas of forensic investigation (e.g., fingerprints, ballistics, forensic pathology, DNA evidence).
• Skill in the investigation, preparation, and presentation of mitigating evidence in felony cases.
• Skill in trial advocacy, such as jury selection, cross-examination of witnesses, and opening and closing statements.
• Skill in managing multiple cases simultaneously.
• Skill in communicating effectively with diverse groups utilizing tact and diplomacy.
• Ability to handle highly stressful capital murder cases and adjust to rapidly fluctuating situations.
• Ability to operate a personal computer, Microsoft Office Suite, and basic office equipment.
• Ability to establish and maintain effective working relationships with team members, outside organizations, attorneys, the news media, and the general public.
• Ability to comply with RPDO policy, procedures, and methods.
• Initiative and ability to self-start without constant direction.
• Willingness to learn and ask for help from the team or others within RPDO.
• Positive office behavior regarding time, attendance, attitude, teamwork, and cooperation with administration.
• Ability to travel overnight, potentially for extended periods during trial or other key times.

Physical and Environmental Requirements

• Lifting/carrying up to 25 lbs. occasionally.
• Visual acuity, speech, and hearing.
• Hand and eye coordination and manual dexterity necessary to operate a computer keyboard and basic office equipment.
• Subject to sitting, standing, walking, reaching, and handling to perform essential functions.
• Must possess a valid driver’s license, liability insurance as required by law, and be able to safely operate a vehicle in furtherance of job requirements.

Pay

$138,731 D.O.E.

Location(s): Dallas, Lubbock, Pearland, San Antonio

Closing Date: 10/20/2026

Reports To: Chief Public Defender