The Legal Aid Society’s Criminal Defense Practice is seeking experienced attorneys for its Decarceration Project. The Decarceration Project is a first-of-its-kind unit that reimagines how public defenders confront pretrial detention. Through strategic litigation, policy advocacy, and early intervention, the Decarceration Project fights to ensure as many of our clients return to their communities after arrest as possible.

Attorneys in the Decarceration Project are Legal Aid’s in-house experts on bail and pretrial detention. They directly litigate pretrial detention matters with the potential for broader systemic impact, while also providing complex release advocacy and strategic support, drafting model papers and guides to enhance the practice of trial attorneys, and monitoring pretrial detention trends to inform broader policy and systemic litigation priorities.

Attorneys are assigned to a particular borough office and serve as the primary resource for litigating pretrial detention of Legal Aid’s clients in their assigned borough.  When needed, Staff Attorneys assigned to a particular borough may also be called on to provide assistance and client services in other boroughs. All members of this citywide unit work together to develop, implement, and coordinate Legal Aid policy and litigation strategy concerning bail and other pretrial detention matters.

Candidates will have a deep understanding of criminal trial practice in New York City and robust knowledge of New York’s bail statute, with extensive on-the-ground experience in New York City criminal courts. They will have a demonstrated commitment to the liberation of incarcerated individuals.

ESSENTIAL DUTIES/RESPONSIBILITIES

Case Consulting & Strategic Litigation

• Work closely with trial attorneys, social workers, and paraprofessionals in the assigned borough to advocate for the release of clients who are being detained pretrial in New York City jails
• Challenge adverse pretrial detention decisions using writs of habeas corpus, appeals, and other strategic litigation and advocacy
• Anticipate and respond to novel legal issues relevant to pretrial detention
• Identify and develop potentially precedent-setting cases with an eye towards the Court of Appeals
• Work with colleagues in the Special Litigation Unit to identify the need for strategic litigation

Systemic Advocacy

• Monitor changes in the practices of the assigned borough, and work with colleagues in the Policy Unit to identify the need for systemic advocacy
• Inform discussions with system stakeholders regarding pre-trial detention issues
• Timely collect data to inform priorities and to fulfill reporting requirements to funders

Training & Attorney Development

• Conduct trainings on the law and practice relevant to pretrial advocacy in the assigned borough
• Develop advisories, model templates, and resource guides that elevate the borough’s release advocacy practice

Professional Development and other duties as assigned

• Participate in continuous professional development
• Stay abreast of changes in the law relevant to bail and pre-trial detention
• Other duties as assigned

TRAINING AND QUALIFICATIONS

Required qualifications:

• Admission to the New York State Bar
• Minimum 5 years legal experience, including at least 3 years in felony trial level defense

Preferred qualifications:  

• Experience in juvenile or adolescent defense preferred
• State or federal level appellate litigation experience preferred
• Familiarity with extradition law preferred
• Experience in policy development, coalition work, and legislative advocacy preferred
• Litigation experience implicating constitutional or civil rights issues preferred

KNOWLEDGE, SKILLS & ABILITIES

Position Based Knowledge, Skills, and Abilities: 

• Comprehensive understanding of New York’s bail statute and the constitutional law pertaining to pre-trial detention
• Experience with and passion for litigating issues involving pretrial detention
• Recognition of the various institutional and societal barriers to pretrial release
• Excellent written and oral advocacy skills
• Ability to prioritize tasks and manage one’s time effectively to accomplish shared team goals.
• Ability to interface professionally and effectively with judges, district attorneys and correctional personnel
• Enthusiasm for innovative approaches to release advocacy and the ongoing growth and development of the project
• Familiarity with habeas law

Organizational Knowledge, Skills, and Abilities:

• Unwavering commitment to the Decarceration Project’s abolitionist mission to end pretrial detention
• Interpersonal and communication skills that enable healthy and productive working relationships
• Ability to perform duties with the highest regard for confidentiality, integrity, and respect
• Commitment to Legal Aid Society’s mission and values

Physical, environment, travel, and other duties required:  

• Mostly sedentary, significant time using a computer and monitor; communicating and meeting using video
• Hybrid position; requires travel for court appearances and in-person client/family meetings
• Other duties as required

REQUIRED DOCUMENTS

Please submit these documents as a single combined PDF when you apply via the LAS (Legal Aid Society) Recruitment Portal.

• Cover Letter
• Resume

SALARY TRANSPARENCY

The posting reflects the range of potential salaries for the role. The specific salary offers will be dependent on candidate qualifications, including collectively bargained salary steps for unionized roles.

Salary Range/ Salary: $83,844 – $147,907

SALARY AND BENEFITS

The leadership of The Legal Aid Society believes in attracting and retaining exceptional talent committed to serving our clients. We offer a generous benefits package including health insurance, paid vacation, disability, and life insurance, and more. Salaries for our unionized jobs are governed by our Collective Bargaining Agreement. Please visit our Careers page for additional information. Salary and benefits information will be available to applicants, when and if an offer is made.

Click here to read more about the benefits of working at The Legal Aid Society 

HIGHER EDUCATION AND LOAN FORGIVENESS

The Legal Aid Society is a qualified employer for the purposes of the Public Service Loan Forgiveness. This position allows an employee to take advantage of PSLF and other State and Federal loan forgiveness programs.

Additionally, employees who are New York residents may be eligible for assistance from New York state to assist with loan repayments, depending on years of practice. To learn more, click the links below.

studentaid.gov 

hesc.ny.gov/loan-forgiveness-programs 

OUR COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The leadership of The Legal Aid Society is committed to a work culture of zealous advocacy, respect, diversity and inclusion, client-oriented defense, access to justice and excellent representation. We are dedicated to building a strong professional relationship with each of our clients, to understanding their diverse circumstances, and to meeting their needs. Our ability to achieve these goals depends on the efforts of all of us.

WORK AUTHORIZATION

All applicants must be legally authorized to work in the United States for any employer without sponsorship for a work visa or permit. We are currently unable to sponsor employment visas or permits. (However, for citizens of Canada and Mexico, LAS will provide a letter documenting employment status that is needed to obtain a TN visa.)

HOW TO APPLY

All applications must be completed online. We do not accept paper submissions. Please visit our Careers Page to review all current job postings, and instructions on the application process. For technical difficulties or questions regarding this posting, please email jo**************@le*******.org.

As an Equal Employment Opportunity (EEO) Employer, The Legal Aid Society prohibits discriminatory employment actions against and treatment of its employees and applicants for employment based on actual or perceived race or color, size (including bone structure, body size, height, shape, and weight), religion or creed, alienage or citizenship status, sex (including pregnancy), national origin, age, sexual orientation, gender identity (one’s internal deeply-held sense of one’s gender which may be the same or different from one’s sex assigned at birth); gender expression (the representation of gender as expressed through, for example, one’s name, choice of pronouns, clothing, haircut, behavior, voice, or body characteristics; gender expression may not conform to traditional gender-based stereotypes assigned to specific gender identities), disability, marital status, relationship and family structure (including domestic partnerships, polyamorous families and individuals, chosen family, platonic co-parents, and multigenerational families), genetic information or predisposing genetic characteristics, military status, domestic violence victim status, arrest or pre-employment conviction record, credit history, unemployment status, caregiver status, salary history, or any other characteristic protected by law.