The Committee for Public Counsel Services (CPCS), the Massachusetts public defender agency, is seeking an experienced attorney to help promote the high-quality representation of children and adults in family regulation/child welfare appeals.  The attorney will be a core member of the Children and Family Law Division’s Appellate Panel Support Unit (APSU), which provides support, oversight, and training for approximately 150 private attorneys who represent children and adults in family regulation/child welfare appellate matters.

The selected attorney may be seated in Boston, Worcester, or at another CPCS office location, depending on the needs of the APSU, the attorney, and available and appropriate space.

We fight for equal justice and human dignity by supporting our clients in achieving their legal and life goals. We zealously advocate for the rights of individuals and promote just public policy to protect the rights of all.

Our Values

Courage   •   Accountability   •   Respect   •   Excellence

DIVERSITY AND INCLUSION MISSION STATEMENT

CPCS is committed to protecting the fundamental constitutional and human rights of our assigned clients through zealous advocacy, community-oriented defense, and the fullness of excellent legal representation.  We are dedicated to building and maintaining strong professional relationships, while striving to accept, listen to and respect the diverse circumstances of each client, as we dedicate ourselves to meeting their individual needs.  It is our CPCS mission to achieve these goals, and in furtherance thereof, we embrace and endorse diversity, equity and inclusion as our core values as we maintain a steadfast commitment to: (1) Ensure that CPCS management and staff members represent a broad range of human differences and experience; (2) Provide a work climate that is respectful and supports success; and (3) Promote the dignity and well-being of all staff members. CPCS leadership is responsible for ensuring equity, diversity, and inclusion. The ability to achieve these goals with any level of certainty is ultimately the responsibility of each member of the CPCS community.

AGENCY OVERVIEW

CPCS is the state agency in Massachusetts responsible for providing an attorney when the state or federal constitution or a state statute requires the appointment of an attorney for a person who cannot afford to retain one.  The agency provides representation in criminal, delinquency, youthful offender, family regulation, guardianship, mental health, sexually dangerous person, and sex offender registry cases, as well as in appeals and post-conviction and post-judgment proceedings related to those matters.

The clients we represent are diverse across every context imaginable and bring many unique cultural dimensions to the matters we address. This reality creates a critical need for CPCS staff to be culturally competent and able to work well with people of different races, ethnicities, genders and/or sexual orientation identities, abilities, and limited English proficiency, among other protected characteristics.

CHILDREN AND FAMILY LAW DIVISION OVERVIEW

CPCS’s Children and Family Law Division (CAFL) provides attorneys to children and indigent adults in care and protection, termination of parental rights, child requiring assistance, and guardianship-of-a-minor cases, as well as in other civil matters involving children and young adults in which there is a right to an attorney.  It also provides counsel in appeals of these cases.  At the trial level, the vast majority of CAFL clients are represented by private attorneys who are part of CAFL’s trial panel, and most trial-level CAFL cases are heard in the Juvenile Court. On appeal, most CAFL clients are represented by private appellate attorneys on CAFL’s appellate panel.

OFFICE OVERVIEW

CAFL’s Appellate Panel Support Unit (APSU) provides support and oversight for approximately 150 private CAFL appellate panel attorneys.  The CAFL appellate panel handles approximately 90% of all CAFL final and interlocutory (single justice) appeals.  The APSU assigns appellate counsel to children and indigent parents (and occasionally other parties) in care and protection, termination, guardianship, and other appeals in cases arising out of the juvenile court and probate and family court. 

The APSU reviews applications and selects appellate attorneys; provides certification training and ongoing other trainings on topics such as issue preservation, brief-writing, appellate motion practice, and oral argument; handles advice/strategy calls from appellate attorneys and trial attorneys relating to appeals; reviews briefs and other appellate filings; moot courts appellate oral arguments; and observes and debriefs oral arguments with panel members. APSU Oversight Counsel often participate in other projects related to CAFL appellate and trial practice and administration, such as drafting practice tips and model pleadings, reviewing legislation and regulations, overseeing law students and their research projects, and other matters. APSU Oversight Counsel also handle a very small caseload of final and interlocutory appeals and, if interested, trial matters.

POSITION OVERVIEW

Oversight Counsel in the APSU help support private CAFL appellate panel attorneys throughout the state to provide high-quality, zealous representation to children and indigent parents in all CAFL appellate cases.  Oversight Counsel will review briefs, moot court oral arguments, observe and critique oral arguments, draft appellate practice tips, participate in virtual and in-person trainings for CAFL attorneys on trial and appellate subjects, and provide other forms of support for private counsel and the overall administration of the Unit.

The selected attorney may be seated in Boston, Worcester, or at another CPCS office location, depending on the needs of the APSU, the attorney, and available and appropriate space.

The Oversight Counsel position reports to the CAFL Director of Appellate Panel.

MINIMUM ENTRANCE REQUIREMENTS

The candidate must demonstrate a strong commitment to the provision of high-quality representation for indigent persons and meet the following requirements:

• Be eligible to practice law in this jurisdiction as a member of the Massachusetts bar in good standing, or as an attorney in another jurisdiction who is eligible to engage in limited Massachusetts practice under Supreme Judicial Court Rule 3:04. 
• Have a minimum of five (5) years of experience as an attorney;
• Oversight Counsel positions may require travel and must have access to reliable transportation throughout the state; and,
• Have access home internet access sufficient to work remotely.

QUALIFICATIONS/SKILLS

The ideal candidate will possess many of the following professional and personal abilities, attributes, and experiences:

• Seven (7) years of legal experience, including at least four (4) years of experience in family regulation/child welfare matters, and at least three (3) years of appellate experience;
• Experience drafting and filing of several briefs, single justice petitions, and other appellate pleadings;
• Have a commitment to serve racially, ethnically, and culturally diverse low-income populations;
• Be able to maintain a professional and supportive relationship with the private bar and be ready to serve as a leader when working with the courts, the Department of Children and Families, and professional and community organizations;
• Some administrative and managerial experience;
• Private CPCS panel or other private practice experience;
• Excellent writing, litigation, and oral presentation skills; and,
• The ability to maintain an optimistic outlook along with the humor, integrity, patience and perseverance necessary to advance APSU efforts to ensure that clients are provided high-quality legal services.

RESPONSIBILITIES:

The Oversight Counsel will assist the CAFL Director of Appellate Panel in all aspects of panel management, including, but not limited to:

• Overseeing and assessing the performance of appellate panel members; 
• Monitoring panel members’ compliance with performance standards; 
• Advising trial and appellate panel members about case strategy;
• Overseeing the appellate panel mentor program and evaluating panel members to determine graduation from the program;
• Assigning final and interlocutory appeals to panel members;
• Reviewing briefs, moot-courting panel members, and evaluating oral arguments;
• Reviewing applications for admission to the panel certification training;
• Delivering training programs, both in person and remotely, on family regulation/child welfare trial and appellate issues for panel members and staff attorneys;
• Drafting appellate bulletins and providing other resources for trial and appellate panel members, including a legal research/motion resource bank and a single justice pleadings resource bank;
• Serving as liaison with the clerks’ offices at the trial courts, the Appeals Court, and the Supreme Judicial Court;
• Administering appellate panel operational activities, including recruitment, certification, appellate assignments, billing, and the assignment of appellate mentors;
• Supervising student workers (intern/coop/other);
• Drafting Division/agency amicus curiae briefs; and,
• Other duties as assigned.

The Oversight Counsel may also maintain a small care and protection trial and/or appellate caseload. 

Application: 

Applicants should submit (1) a resume, (2) a thoughtful written statement of interest, and (3) a writing sample of not more than 50 pages that is predominantly the applicant’s own work (and identifying any work done by another author or supervisor).

EEO Statement

The Committee for Public Counsel Services (CPCS) is an equal opportunity employer and does not discriminate on the basis of race, color, national origin, ethnicity, sex, disability, religion, age, veteran or military status, genetic information, gender identity, or sexual orientation as required by Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and other applicable federal and state statutes and organizational policies.  Applicants who have questions about equal employment opportunity or who need reasonable accommodations can contact the Chief Human Resources Officer, Sandra DeBow-Huang, at sdebow@publiccounsel.net.