Digital Evidence and Discovery Technician

Class Characteristics

Under direction, to provide E-Discovery and trial assistance including production of digital evidence discovery, redactions of protected and/or sensitive information found in multi-media formats, and trial preparation for homicide and highly publicized cases; to provide legal research and assistance to law enforcement agencies and out-of-state District Attorney's Offices regarding legal needs for out-of-state cases, and to do other work as required.

Distinguishing Characteristics

The District Attorney's Office prosecutes crimes committed in Clackamas County and provides legal and support services to ensure expedient criminal prosecutions, child support enforcement and assistance to crime victims.

The Digital Evidence and Discovery Technician performs the full scope of digital evidence work and applies knowledge and expertise to give direction and/or find solutions for questions and issues involving digital evidence. Incumbents exercise independent judgement and initiative to collect, compile and process digital evidence for E-discovery and trial preparation. Collection activities includes the review for and requesting of outstanding items, and the receiving, inventorying and cataloging of submitted items. Incumbents produce copies of digital evidence for release to defense attorneys, and invoice as necessary. The Digital Evidence and Discovery Technician assists in a full scope of trial preparation for homicides and highly publicized cases. Incumbents support Deputy District Attorneys with preparation of digital evidence for all cases scheduled for trial. Preparation of digital evidence for trial requires the use of specialized software and may require the redaction of protected and/or sensitive information.

The Digital Evidence and Discovery Technician differs from Paralegal which performs extensive, substantive research in municipal law and other support for attorneys in the County's Office of County Counsel. It also differs from the Legal Assistant classification series which performs legal administrative support activities requiring knowledge of in-state court processes, legal procedures, and timelines to process legal documents that move through the county court system but do not provide discovery support and trial preparation for homicides.

Typical Tasks

Duties may include but are not limited to the following:

1. For discovery and trial purposes, duplicates and as requested by Deputy District Attorney (DDA) redacts digital evidence items such as photographs, audio and visual media, Grand Jury recordation, non-editable documents attached to digital evidence, etc.; produces discovery by scanning, copying and uploading electronic data; redacts audio and video evidence as instructed by attorneys using specialized software; assists DDAs with creation of demonstrative evidence for presentation during trial, including PowerPoint slides and large-format visual aids; creates exhibits of digital evidence for trial.
2. Tracks the request of, collects, compiles, and processes a variety of electronic evidence types including audio and visual media, documents and photos; inventories and organizes incoming digital evidence; notates all actions related to the request and/or receipt of each digital evidence item in case management system; adheres to procedures that ensure the proper handling of sensitive digital evidence that legally cannot be submitted nor stored electronically; reviews In-Custody reports and accompanying documents to identify missing digital evidence from law enforcement's submission; coordinates with all law enforcement agencies within the County to request and collect electronic evidence that has not been submitted.
3. Sorts, categorizes and logs electronic evidence according to records management laws and retention schedules in order to classify evidence for appropriate storage, disposal and/or destruction.
4. Receives new electronic evidence in a variety of formats and creates discovery copies for defense attorneys; invoices and routes approved discovery copies to defense attorneys; routes non-approved discovery copies and those that require qualified protective orders to be filed to legal assistants.
5. Provides subject matter expertise and technical support to legal assistants and DDAs in relation to issues arising from accessing and/or viewing digital evidence; acts as a liaison between Technology Services Department staff and DDAs regarding E-discovery technical needs; provides direction and/or finds solutions for questions and issues regarding digital evidence and discovery copy issues; may train other personnel in internal discovery and evidence processes; maintains awareness of changes in technology and updates computer skills as necessary.
6. For felony homicide cases and some highly publicized, sensitive crimes, performs all pre-trial discovery support, trial preparation, and appeal support; acts as point of contact for detectives from law enforcement agencies and directly interacts with them regarding initial reports, digital evidence and associated documents; receives supplemental reports including police and crime lab reports, and additional digital evidence; processes and secures sensitive digital evidence; creates evidence into exhibits, witness lists and trial notebooks; redacts digital evidence as needed for trial; works with DDAs and out-of-state agencies to procure appropriate legal documents; processes appeal documents and correspondence, and retains exhibits.

Required Knowledge and Skills

Thorough knowledge of: Legal principles, concepts, systems, processes and terminology; methodology, concepts and principles of criminal procedure; English composition, grammar, spelling and punctuation; preparation of legal instruments, and digital and electronic evidence/exhibits; general care and operation of office equipment including specialized software/equipment, and their functions and capabilities; interpersonal communication skills and customer service techniques; legal time constraints and deadlines related to criminal proceedings; methods and procedures of E-discovery and trial; legal ethics; basic methods and techniques of legal research and investigation; notary processes and procedures.

Skill to: Understand and apply various guidelines at the Federal, State and local level for E-Discovery processing; determine appropriate methods and techniques for extracting data from digital evidence; identify, evaluate and extract pertinent information from a wide variety of documents and computerized sources; understand and apply legal terminology and local, state and federal court rules and administrative procedures applicable to criminal litigation, Oregon Administrative Rules and Uniform Trial Court Rules; communicate clearly and concisely, both orally and in writing; utilize software programs including specialized software for redaction of digital evidence; prepare legal documents complying with District Attorney's Office standards and court/legal requirements; maintain sensitive and confidential information; organize and prioritize work to meet timelines; accurately redact sensitive information including financial or personal information; establish and maintain effective working relationships with attorneys, law enforcement personnel, clients, victims, witnesses, court officials and other agency personnel, other County staff and the public.

Working Conditions

Cases involving charges related to homicide and violent crime involve processing visual and audible digital evidence that may emotionally disturbing.

Minimum Qualifications

Minimum qualifications are used as a guide for establishing the minimum experience, education, licensure, and/or certifications required for employment in the classification. The following minimum qualifications are established for this classification. Additional minimum qualifications and special conditions may apply to a specific position within this classification and will be stated on the job announcement.

Experience: A minimum of one (1) year of related experience that would provide the required knowledge and skills to perform the responsibilities of this position.

Licenses/Certifications: None required.

Pre-Employment Requirements

Must successfully pass an extensive background investigation including national fingerprint records check.

Must pass a pre-employment drug test.

Driving may be necessary for County business. For position(s) with occasional/incidental driving, incumbents must possess a valid driver's license. Accommodation requests for an acceptable alternative method of transportation will be reviewed on an individual basis in compliance with State and Federal legislation. For position(s) with regular driving, incumbent(s) must also possess and maintain an acceptable driving record throughout the course of employment.

Post-Employment Requirements

Requires possession of Law Enforcement Data Systems (LEDS) certification and commission as Notary Public within 60 days of hire.

Classification No. 011
Established: 8/97
Reactivated and Revised: 11/11
Revised and Re-titled: 2/20
FLSA: Non-exempt
EEO: 5