Attorney (Civil/Criminal) - Independent Investigations Bureau - City & County of San Francisco
3 weeks ago
In response to the need to ensure the integrity of the criminal justice system, the District Attorney of San Francisco, George Gascón is taking an innovative approach to the investigation and prosecution of officer involved shootings (OIS), in custody deaths and excessive use of force, by creating an Independent Investigations Bureau (IIB). The Bureau is responsible for investigating and prosecuting cases of law enforcement officers who violate the Fourth and/or Fourteenth Amendment rights of individuals.
The IIB conducts complete, thorough and unbiased investigations and evaluations of cases that involve allegations of unconstitutional policing. To date, the San Francisco Police Department has acted as the lead investigating agency in cases involving OIS. Under this newly created unit, the DA will have actual autonomy and independence to investigate, bring to prosecution and/or make other appropriate recommendation.
This unit has three primary responsibilities:
Lead Investigative role in all officer involved shootings and in custody deaths and any criminal prosecutions that result.
Investigate and prosecute police misconduct involving fourth and fourteenth amendment criminal violations. Police misconduct is defined as intentional acts by law enforcement officials who misuse their positions to unlawfully deprive individuals of constitutional rights, such as the right to be free from unwarranted assaults, illegal arrests and searches, excessive force and theft of property, and;
Conduct conviction review for complaints of procedural error or factual innocence resulting from internal investigations or outside referrals. Conviction review is intended to identify and correct past errors in convictions. This is done through extrajudicial, fact-based review of secured convictions to investigate plausible allegations of actual innocence. This will include cases discovered through our internal look back process after misconduct allegations are discovered, as well as cases brought externally by individuals. The Independent Investigations Bureau will be tasked with independently investigating these cases and remedying any errors.
Essential Functions
Under the supervision of the IIB Managing Attorney, the Trial Attorney will be responsible for the investigation and prosecution of criminal matters involving alleged police misconduct. The Trial Attorney position encompasses the following essential functions:
Performing criminal investigations and prosecutions of police misconduct involving fourth and fourteenth amendment criminal violations. Police misconduct is defined as intentional acts by law enforcement officials who misuse their positions to unlawfully deprive individuals of constitutional rights, such as the right to be free from unwarranted assaults, illegal arrests and searches, excessive force and theft of property.
Conducting conviction reviews for complaints of procedural error or factual innocence resulting from internal investigations or outside referrals. Conviction review intended to identify and correct past errors in convictions. This will include, but may not be limited to an extrajudicial, fact-based review of secured convictions to investigate plausible allegations of actual innocence. This will include cases discovered through our internal look back process after misconduct allegations are discovered, as well as cases brought externally by individuals.
Completing summaries of complete investigative files which are to be provided to both the US Department of Justice’s Civil Rights Division and the California Attorney General’s Office for their review and consideration.
Trying jury and non-jury criminal cases in the Superior Court; interviews witnesses; conducts and or supervises investigations and writes legal briefs in conjunction with assigned cases and trials.
Attending routine court calendar matters as it relates to IIB charged cases.
Minimum Qualifications
Requires comprehensive knowledge of: state and federal and municipal codes, laws and ordinances, particularly as applied to civil and criminal laws; legal processes and techniques of courtroom and jury trial work; administrative techniques and methods, particularly as they relate to the activities of the District Attorney's Office.
Requires ability to: speak and write effectively in the preparation and presentation of assigned legal cases; exercise considerable judgment and tact in dealing with court officials, juries, law enforcement agencies and other governmental agencies in connection with legal assignments.
Experience and Training
Requires completion of an accredited law school.
License or certificate
Requires membership in the State Bar Association and license to practice in all state courts.
Desirable Qualifications
Desirable candidates will have some of the relevant experience indicated below:
At least ten years of progressively responsible experience as a practicing attorney, with emphasis on jury trial and courtroom work or an equivalent, combination of training and experience.
Prior experience as a prosecutor in a District Attorney’s Office, an Attorney General’s Office or as a Federal Prosecutor.
Prior experience as a criminal defense attorney in a public defender’s office or Federal Public Defender Office.
Asian American Bar Association of the Greater Bay Area
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