As assigned by the State's Attorney, an Assistant State's Attorney assists by fulfilling all statutory duties of the State's Attorney's Office. This includes representing the State of North Dakota in the prosecution of criminal complaints, including case preparation and court appearances, trial presentation, and appeals. Also included may be assignments to Juvenile Court and mental health proceedings, child protection cases, and providing legal consultation to certain local government officials.
2. DUTIES AND RESPONSIBILITIES:
Prepare criminal complaints by reviewing reports, interviewing police officers, preparing pleadings, preparing motions, and responding to defense motions.
Represent the State in master calendar court at initial appearances, bond hearings, arraignments, preliminary hearings, extradition hearings, and pre-trial conferences.
Prepare and make oral presentations.
Represent the petitioner in Juvenile Court by reviewing investigative reports, drafting pleadings, working with the Juvenile Court staff, and presenting at formal hearings.
Represent the State in criminal trials by preparing and responding to motions, preparing witnesses, organizing exhibits, and presentation at trial.
Represent the petitioner at mental health commitment proceedings by reviewing petitions, consulting with petitioners, and presenting at hearings.
Engage in correspondence, phone conversations, and meetings with defense attorneys, other government agencies, judges, law enforcement officers, and others regarding cases handled by the State's Attorney's Office.
Work with Ward County Social Services by providing general legal consultation and opinions, particularly regarding child protection cases.
Respond to inquires by County and township officials on matters of governmental operations and represent them in court actions.
Answer public inquires and makes referrals to appropriate agencies.
Research and prepare appellate briefs to the Supreme Court, travel to Bismarck and participate in oral argument.
Visit crime scenes, examine surrounds, and be available to assist in obtaining search warrants.
Represent and assist District Court in all proceedings to enforce compliance for payments of child support obligations.
Advise and represent the County Reorganization Committee and the County Superintendent of Schools on matters relating to school district annexations, reorganizations, dissolutions, and tuition waiver.
Serve as legal advisor to the County Planning Commission on zoning and subdivision matters.
Bring civil actions to forfeit property obtained in criminal cases.
Represent indigent petitioners on court appointment in voluntary terminations of
3. SUPERVISION RECEIVED/EXERCISED:
This position is supervised by the State's Attorney and exercises no supervision over other positions.
4. POSITION QUALIFICATIONS (KNOWLEDGE, SKILLS, AND ABILITIES:
A Juris Doctor degree from an accredited law school and eligible for licensing by the State Bar Association North Dakota is required.
Knowledge of the legal system, the laws of the State of North Dakota, and judicial system rules, particularly in the area of criminal law is preferred.
Skill in written and oral communication, particularly in formal, oral presentations.
Skill in analyzing complex information in the preparation and prosecution of criminal complaints.
Skill in preparation of all papers filed with the courts and in independently initiating and following through with all details necessary for the successful preparation and completion of cases and work assigned.
Ability to work closely and cooperatively with people from a wide variety of backgrounds and circumstances, often in highly emotional situations; to successfully coordinate many details at one time; to work under intense pressure related to time and deadlines as well as high emotions; to remain current on changes in court rules and procedures and changes in the laws; to be flexible in circumstances which can change rapidly.
Ability to learn and effectively use the County's computer software, organize assigned work and perform work productively, learn and effectively use new methods, procedures, and technologies in carrying out the functions of the position.
Ability to work cordially and effectively with victims and witnesses, defense attorneys, co-workers, law enforcement and service agencies, public officials, and the public.
Strong work ethics.
5. PHYSICAL and MENTAL DEMANDS: These support the essential functions of the position.
This position works primarily in an office or courtroom environment using dictation equipment and a personal computer.
This position is frequently called upon to file and retrieve various files and records, which can involve climbing, reaching, stooping, bending, kneeling, stretching, carrying and lifting up to 30 pounds.
This position spends long periods of time sitting with little or no close supervision doing research, preparing presentation, both oral and written, using books, reports, and electronic data access, as well as through personal interviews.
This position requires making oral presentation and written presentation under deadlines and in difficult situations all of which may contribute to high stress levels.
Must be able to climb stairs, have good balance and be able to climb ladders.
Frequent verbal communication is required including telephone communication.
Ability to withstand the physical and emotional stress associated with a position in the State's Attorney's office over extended periods of time during pretrial and trial times.
Ability to sit or move about for extended periods of time.
Must be able to read fine print and handwritten documents.
Must be able to see close and medium distances.
Must be able to speak clearly.
Must be able to discriminate speech.
Must be able to grip and sort papers with hands.
6. WORK ENVIRONMENT:
Work is normally performed in environmentally controlled areas. Work may be very stressful due to the nature of the office and types of work done at the office. When doing crime scene investigation and assisting with search warrants, work may be required at unusual hours and at any location in the County. This work may require visits to locations involving difficult terrain or access, inclement weather, or other unpleasant and dangerous conditions.
Work is primarily done on weekdays between 8:00 AM and 4:30 PM. Research and case preparation often involve work well beyond office hours.
Assistant State's Attorneys will be on-call from time to time. When on-call Assistant State's Attorneys can expect to be called upon or called out at all hours and on any day.
7. OTHER ASSIGNMENTS:
County department heads and supervisors reserve the right to amend the functions or work schedule assigned this position, either temporarily or permanently, at any time as they determine the best interests of their departments. Further, employees may be assigned other or additional functions to fill-in during the absence of other employees or vacancies in other positions.