Class Characteristics
Under general supervision of mentor Deputy District Attorney (DDA), to prosecute misdemeanors including conducting court appearances; to conduct legal research and writing; to participate as a team member with the Certified Law Clerks, mentor Deputy District Attorneys, Senior Deputy District Attorney who oversees program, and other staff; 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 District Attorney’s Office Law Clerk Program is designed to allow certified law students the opportunity to gain an understanding of the prosecutor role from initial charges being issued to the conclusion of a trial. Internship assignments are for approximately one year, typically beginning in May, working full-time during the summer and part-time during the school year. Some internship assignments are for approximately two years. For these assignments, the first year consists of performing legal research and special projects at the direction of the Senior Deputy District Attorney, with the second year performing work as a certified law student.
Law Clerks, under DDA supervision and mentorship, perform legal internship work with increasing independence. Law Clerks who are certified and therefore able to make court appearances participate in all aspects of misdemeanor criminal prosecution and conduct legal research and writing while continuing their education in law school. DDA Mentors supervise work, discuss strategies, provide feedback and make suggestions. Incumbents learn through training, shadowing DDAs and mentorship, and perform court appearances beginning with arraignments. With mentor approval, an incumbent receives an assigned misdemeanor caseload (approximately 50 to 100 cases) and on a daily basis reviews assigned intake (police reports). Certified law clerks make the charging decisions, plea offers and plea negotiations, witness and victim contact, and responding to and filing motions. Caseloads typically involve shoplifts, trespass, driving while suspended, DUIIs and Hit and Runs. When readiness is demonstrated, responsibilities expand to include preparing and trying jury cases.
The Law Clerk (certified and non-certified) differs from the Deputy District Attorney 1 which is a member of the Oregon State Bar and prosecutes every type of misdemeanor case. It also differs from the Intern – Graduate/Professional which is a broad classification for use in various county departments and not specialized to the legal profession.
Typical Tasks
Duties may include but are not limited to the following:
- Reviews intake for possible prosecution; reviews law enforcement case submissions such as reports and electronic evidence; participates in charging decisions.
- Makes court/docket appearances to cover misdemeanor criminal arraignments, community court and general motions.
- Writes formal responses to motions filed by defendants; conducts legal research.
- Appears in court and prosecutes bench trials and criminal jury trials for cases not resolved; prepares cases for trial.
- Appears in civil commitment proceedings (similar to bench trials) conducted in hospitals; prepares cases; travels to/from hospital.
- Writes legal memoranda on issues related to criminal prosecution, legal reasoning, and conclusions of law to be used in preparing for or arguing a case; conducts in-depth legal research using statutes and case law.
- Gather documentation, evidence, and information from clients and/or witnesses.
- Performs case management of assigned cases; monitors for events and reminders that must be responded to in a timely manner.
- Some assignments perform legal research and special projects at the direction of the Senior Deputy District Attorney; legal research includes topics such as responding to motions filed by defendant of major crimes cases, issues of first impression, legislative history of new laws, and interpretation of Oregon Supreme Court cases; examples of special projects include monitoring jail calls, organizing and creating trial exhibits, trial statistics, probation violation monitoring, and requests for disposition.
Required Knowledge and Skills
Working knowledge of: Procedures and methods of legal research and writing; legal concepts, principles and terminology; communication and organization techniques; professional responsibility and ethics; English grammar and composition; office equipment, including personal computers and software programs.
Skill to: Analyze and interpret laws, rules, and regulations and apply them to specific situations; analyze and organize facts and evidence; research, analyze and prepare clear and concise written reports including legal documents; effectively and persuasively present facts, evidence and recommendations to judges and juries; communicate effectively, both orally and in writing; understand and effectively adhere to oral and written instructions, communications and procedures; establish and maintain effective working relationships with government officials, law enforcement and court personnel, prosecuting and defense attorneys and the public; operate computer hardware, software, and other office equipment.
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: None required.
Licenses/Certifications:The following licensure/certifications are required at the time of hire.
- Certified law student internship assignments require possession of State of Oregon Court Certification (Law Student Appearance Rule).
Pre-Employment Requirements
Must successfully pass an extensive background investigation including national fingerprint records check.
Must pass a pre-employment drug test.
Driving is required for County business on a regular basis or to accomplish work. Incumbents must possess a valid driver's license, and possess and maintain an acceptable driving record throughout the course of employment.
Classification No. 066E
stablished: 4/20F
LSA: Non-ExemptE
EO: 5
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