Assistant Public Defender III

Introduction

The Delaware Office of Defense Services (ODS) is committed to ensuring that every person—regardless of income, background, or circumstance—is treated fairly and respectfully in the justice system. As Delaware's public defender agency, ODS protects constitutional rights, supports individuals and families during difficult moments, and works to strengthen trust and fairness across our communities.

Our mission is zealous advocacy for the people. This simple but powerful commitment guides every aspect of our work and reflects our belief that justice must be accessible, humane, and rooted in dignity for all Delawareans. Our work is carried out by a team of dedicated attorneys and professionals across Central Administration, the Public Defender's Office, and Office of Conflicts Counsel. More than 200 staff members serve Delawareans with compassion, integrity, and a deep belief that dignity, equity, and justice must be accessible to all.

Assistant Public Defenders—together with investigators, forensic social specialists, mitigation specialists, client advocates, legal assistants, and administrative staff—stand beside adults and youth navigating criminal and delinquency charges. They also represent parents in abuse and neglect proceeding in the Family Court, helping protect the fundamental rights of families and ensuring parents have a meaningful voice when facing life-altering decisions. Across all case types, our teams connect clients with needed services, challenge systemic barriers that deepen inequity, and advocate for outcomes that promote healing, stability, and stronger communities. Through this work, ODS strives to ensure that justice in Delaware is not just a principle, but a lived experience for every person we serve.

Summary Statement

Full-Time Assistant Public Defender – Post Disposition Unit

The Office of Defense Services' Public Defender's Office seeks a motivated and enthusiastic attorney to join our statewide practice in a full-time capacity to represent incarcerated individuals in litigation in our post-disposition unit.   The attorney will counsel, investigate, prepare, and litigate petitions filed under 11 Del. C.  §§ 4214 and 4217, pardon applications, motions for registry relief, expungement petitions, and other post-disposition applications as needed.  This role demands deep knowledge of Delaware sentencing law, § 4217's eligibility criteria and procedures, work with experts (especially medical), and strong client advocacy skills.  This role will handle cases statewide.

Career Ladder

Pay Grade A12 -   *APD I, Annual Salary $90,000.00

Pay Grade A14 -   APD II, Annual Salary $94,570.00/min - $98,854.00/max

Pay Grade A16 -   APD III, Annual Salary $103,797.00/min - $108,147.00/max

Pay Grade A18 - APD IV, Annual Salary $113,554.00/min - $118,832.00/max

Pay Grade A120 - APD V, Annual Salary $125,166.00/min - $129,848.00/max

*Assistant Public Defender I applies to candidates who hold an active bar admission to the state of Delaware.

Preferred Qualification

Applicants with experience in criminal law are preferred. Applicants without experience in criminal law but with a strong interest in the field and litigation experience are also encouraged to apply. The salary is commensurate with experience. To qualify, the attorney must be admitted, or pending admission, to the Delaware Bar.

Essential Functions

Essential functions are fundamental, core functions common to all positions in the class series and are not intended to be an exhaustive list of all job duties for any one position in the class:

• Screen and evaluate potential clients for eligibility under 11 Del. C. § 4217 (compassionate release motions for modification of sentence).
• Screen and evaluate potential clients for eligibility under 11 Del. C. § 4214 (habitual offender motions for modification of sentence).
• Screen and evaluate potential clients for eligibility for expungement.
• Screen and evaluate potential clients for application before the Board of Pardons.
• Screen and evaluate clients for any other post-disposition filings as needed.
• Collect and review institutional, sentencing, disciplinary, and medical records for individuals serving Level V sentences.
• Retain and coordinate expert witnesses (medical, psychological, correctional, and risk-assessment professionals) to substantiate claims of serious illness, age-related infirmity, or rehabilitation.
• Prepare and file motions and petitions, supporting memoranda, exhibits, and proposed orders in Delaware Superior Court, Family Court, Board of Pardons, and/or any other decision-making tribunal as required.
• Advise clients and their families on procedural steps, eligibility standards, and evidentiary requirements.
• Maintain consistent and empathetic communication with clients, including phone, video, or in-person visits at state correctional facilities.
• Collaborate with the Department of Correction (DOC), medical providers, and community-based organizations as required by statute or court order.
• Advocate at hearings, respond to opposition from the State, and handle subsequent motions or rehearing requests when permitted.
• Coordinate with reentry and support-service organizations to assist clients in successful reintegration following release.
• Track legislative, judicial, and policy developments related to 11 Del. C. § 4217 implementation.
• Maintain accurate documentation, case management records, and timely reporting of all activities.
• Review post-disposition portal referrals.
• Attend and participate in post-disposition clinics.
• Collaborate on cases with defense team members.
• Attend Post-Disposition Unit meetings as needed.

Additional Posting Information

• Please be sure to upload a recent copy of your resume, as you complete the application process for this posting.
• This position is exempt from the State of Delaware Merit System.  
• This posting may close before 5/15/2026 upon filling the vacant position.

The Office of Defense Services is an equal opportunity employer. All applicants will be considered for employment without attention to age, color, disability, ethnicity, family or marital status, gender identity or expression, language, national origin, physical and mental ability, political affiliation, race, religion, sexual orientation, socio-economic status, or veteran status.

Conditions of Hire

• Applicants must be legally authorized to work in the United States. The State of Delaware participates in E-Verify and will provide the federal government with your Form I-9information to confirm you are authorized to work in the U.S.
• Criminal background check: A satisfactory criminal background check is required as a condition of hire. 
• Direct deposit of paychecks is required.

Benefits

• Upon eligibility benefits to include:

  • Group Health Plan, Dental Plan, Vision Plan, Prescription, Flexible Spending, Long & Short-Term Disability Insurance, Group Universal Life Insurance, Securian Accident & Critical Illness Insurance, Health Management Programs.
  • 21 paid vacation days, 15 paid sick days, 12 paid holidays, up to 12 weeks paid Parental Leave.
  • Employee Assistance Program: Access to support services such as Professional Counseling Services, Legal Services, Financial Services.
  • Employer & Employee Funded Pension Plan as well as an Employee Funded Retirement Savings Plan available.
  • Student loan repayment assistance and forgiveness

To learn more about the comprehensive benefit package please visit our website at 

Accommodations

Accommodations are available for applicants with disabilities in all phases of the application and employment process.  To request an auxiliary aid or service please call TDD users should call the Delaware Relay Service Number for assistance.

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