[Editor’s Note: we are re-launching our Expert Opinion blog series!  Every Thursday the PSJD Blog will feature a post containing career advice and other information from a variety of leaders in the public interest community.]

Ten Tips For Nailing Prosecutor/Public Defender Interviews

By: Chris Teague*

This gentleman knows from whence he speaks.

At the 2012 NALP Annual Education Conference in Austin, TX, I moderated a program titled “Hypothetically Speaking: Preparing Students for Prosecutor and Public Defender Interviews.”  The panel featured Rory Stein (the Miami Public Defender), Jeremy Sylestine ( of the Travis County, Texas District Attorney’s Office), and Rachel Peckerman (of NYU School of Law’s Public Interest Law Center) and offered excellent advice on how to approach interview hypotheticals. The panelists stressed that applicants should be prepared to articulate clearly why they want to work as a DA/PD.  They also offered many tips for handling hypos.  Here are my top 10, along with a list of frequently-encountered themes: 

General Tips

1. Be wary of answering questions by stating that you would check with your supervisor.  Hypos are designed to see how you react when confronted with very difficult fact patterns.  While your gut reaction may be to immediately consult your supervisor for help, it is important that you avoid the urge to “pass the buck” and instead deal with the difficult situation head-on.  If you believe the circumstances warrant the involvement of your supervisor, it may be OK to say so, but make sure your answer doesn’t end there.  Elaborate on this response and give your own assessment of the facts.   
2. Show your work.  Even if your answer is wrong (keep in mind that some hypotheticals don’t have one correct answer), make sure to talk through your analysis.  The interviewer will likely give you credit for demonstrating a logical approach or asking thoughtful questions, even if you ultimately arrive at the wrong answer. 

Tips for Prosecutor Interviews

1. Remember that a prosecutor’s primary goal is to pursue justice.  While it is important to demonstrate your willingness to uphold the law and to request incarceration if warranted, some prosecutor’s offices will ask questions that test your ability to see the bigger picture.  Also keep in mind that prosecutors represent the state, not the victim.  The victim’s interests may not always be in line with the state’s. 
2. Don’t disregard the Constitution no matter how serious the crime.  A prosecutor should never condone the violation of a defendant’s Constitutional rights, even when doing so appears to be advantageous.  Always go with the ethical, Constitutionally-sound answer.  
3. Be on the lookout for exculpatory evidence.  This is a popular interview topic.  Some hypos may deal primarily with a prosecutor’s obligation to disclose exculpatory evidence.  But be aware that other hypos – ones that appear to address a completely different topic – may secondarily touch upon exculpatory evidence.  If a question mentions evidence that may be exculpatory, even if it seems like a minor part of the question, you should discuss that evidence in your answer.  
4. Demonstrate sensitivity with reluctant victims and witnesses at all times, even when their reluctance negatively impacts your case.  This does not mean that victims and witnesses should always control how you handle a case, but rather that their opinions and concerns should be addressed in an appropriate and considerate way. 

Some common themes you may encounter:

• Exculpatory evidence (Hint: If the interviewer gives you information that might weaken or impede your case, it might be exculpatory.)
• Handling a reluctant witness (Hint: Reluctant witnesses sometimes appear as a scared or recanting domestic violence victim, or as a victim with collateral concerns, such as immigration issues.)
• Role of the prosecutor (Hint: If the hypo concerns a victim with credibility issues or doubts about the case, a lying police officer, weak evidence, or a misidentification issue, part of your answer may want to demonstrate your understanding of the prosecutor’s role in pursuing justice.)
• Search and seizure issues (Hint: You may be asked to advise a police officer how to proceed with the investigation of a suspicious person who is suspected of carrying contraband.)

Tips for Public Defender Interviews

1. Always zealously advocate for your client.  Advocating for your client may negatively impact a victim or witness; that is OK.  Unlike prosecutors, public defenders must act in the best interest of their clients, not in the pursuit of justice. 
2. Caveat: While you are zealously advocating for your client, be sure that you do not violate the law or any ethical rules. 
3. Demonstrate that you are completely comfortable representing people who have committed crimes.  Some applicants focus on their interest in representing defendants who have been unjustly accused of a crime.  This is certainly a noble endeavor, but be aware that public defenders often must represent people who “did it.”  Regardless, all criminal defendants are innocent until proven guilty in the eyes of the law and deserve the best defense possible.
4. Recognize the importance of earning a client’s confidence.  You may be asked to role play a client intake interview or otherwise demonstrate your ability to communicate with a client and build trust.  Be prepared for the “client” in your role play to be withdrawn or possibly hostile.

Some common themes you may encounter:

• If your client has told you that he committed the crime, is it ethical for you to argue to a jury during closing argument that “the defendant is absolutely innocent of these charges”?  (Hint: A defendant is innocent until proven guilty.  An attorney can – and should – use the closing argument to present his or her interpretation of the evidence presented during the trial.)
• Clients changing his or her story (Hint: You may be asked how you would handle a client who initially denies the charges and subsequently admits guilt.)
• Strategy conflict with client (Hint: Be open to client input, but be ready to respond to a client who wants you to do something that you believe would be harmful to the case.

Visit PSJD’s Government Careers page for more resources on prosecution and public defense careers.  Good luck!

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*About Chris Teague:  Chris is Associate Director of Career Services at Boston College Law School, after a 10-year career as an Assistant District Attorney in boston and as a defense attorney.  He currently serves as the NALP Northeast Regional Representative and is a past Chair of NALP’s LGBT Section.  Chris is an active member of the Massachusetts Legal Recruitment Association (where he currently serves as Secretary) and the Massachusetts Law School Consortium, and he is a frequent speaker and author on a wide range of career- and technology-related topics.

The Public Defender Service for the District of Columbia (PDS) provides and promotes quality legal representation to indigent adults and children facing a loss of liberty in the District of Columbia and thereby protects society’s interest in the fair administration of justice. PDS is regarded as one of the best public defender offices in the country—local or federal. It is the benchmark by which other public defender systems often measure themselves.

The Public Defender Service for the District of Columbia (PDS) seeks a talented law student to serve as a legislative/policy clerk for the summer of 2012.

The clerk will report to both the Special Counsel to the Director (Legislation) as well as to the General Counsel, and will conduct complex legal research and writing on both legal, policy and legislative issues.

To learn more, see the listing at PSLawNet!

By: Steve Grumm

It’s the farthest thing from Mardi Gras revelry at the NOLA defender’s office.  From New Orleans news site Gambit:

The Orleans Parish Public Defender’s office was down to $36,000 in the bank and may be unable to make its payroll this month, according to chief parish public defender Derwyn Bunton and Louisiana Public Defender Board Chairman Frank Neuner, who reported the budget problems at a Jan. 18 meeting of City Council’s Criminal Justice Committee. According to Bunton, the immediate financial problem results from an alleged failure by the New Orleans Traffic Court to hand over monthly indigent defendant fees, which were due Jan. 10.

  Even if that’s resolved, the office still faces a $1 million shortfall for the year and may have to lay off as many as 14 staff members, Bunton said. The office already has instituted a hiring freeze and suspended payments to contractors in an attempt to save money, but Bunton said those measures have only delayed more significant service restrictions, including the release of defendants who’ve been held in jail too long without representation.

By: Steve Grumm

We may soon find out.  Tomorrow the Missouri Supreme Court will hear arguments in a long-simmering case about whether the Missouri Public Defender Commission is empowered to close offices to new cases on account of high caseloads.  While this decision will of course impact only Missouri’s indigent defense system, the problem of under-funded, overwhelmed defenders offices exists in many jurisdictions.

From the Springfield News-Leader:

Public defenders say they were operating under the rules set up after a previous Supreme Court decision.

But multiple interpretations have surfaced as to what the previous Supreme Court ruling, called the Pratte decision, actually means.

The Missouri Public Defender Commission’s opinion is that the Pratte decision reaffirmed its authority to set rules to combat high caseloads. It also said public defenders couldn’t reject cases based on category, such as turning down all probation violation cases.

In the Pratte opinion, one of the suggestions justices made was to consider closing the offices to new cases when caseload limits were reached, as other states have done.

But the sides disagree about whether that text gave the authority to close offices or was merely a discussion of options.

The new case before the Supreme Court could clarify how the court expects public defenders to deal with high caseloads.

Equal Justice Works seeks a visionary manager from the public defender community to join them in expanding employment opportunities in indigent defense across the country. Currently, there are 18 Public Defender Corps (PDC) fellows working in the northeast and southeast United States.

The PDC is a partnership with the award-winning Southern Public Defender Training Center, a visionary organization dedicated the changing the culture of indigent defense from one which processes individuals quickly through the criminal defense system to one of client-centered representation and zealous advocacy. The manager will be a key leader in improving indigent defense by bringing talented new lawyers into the field.

The Program Manager’s primary function is to help create public interest law opportunities in indigent defense and provide programmatic support to host sites, the Southern Public Defender Training Center and other stakeholders of the newly-inaugurated Public Defender Corps. The Program Manager reports to the Federal Programs and Strategic Initiatives Director. Some travel required.

Additionally, the fellowships manager will also be involved in program development, fundraising, and program management.

If you’re committed to public interest work, find out how to apply at PSLawNet!

by Kristen Pavón

At a rules hearing in Wisconsin, more than two dozen legal professionals told the Supreme Court that they support a rule change requiring circuit court judges to appoint lawyers in some civil cases in which basic human needs were at stake.

This suggestion comes after the realization that pro se programs and legal aid organizations are just not enough.

Opposition to the idea is rooted in its unknown costs.

“The costs are unknown and could be huge,” said David Callender of the Wisconsin Counties Association. “The argument is always that it saves money on the back end. But we just don’t know.”

People have dubbed the idea — Civil Gideon — after the landmark case Gideon v. Wainwright, which established a poor defendant’s right to a free lawyer in a criminal cases.

There is still a lot of skepticism about how the program would work and if it would be worthwhile.

Get more details here.

My guess is that it would work the same way the public defender program does. Some states have tried similar programs. Do you know more about these programs?

What do you think about Civil Gideon? A workable solution?