Assistant Federal Defender, Appellate Attorney

Federal Defender Services of Idaho, Boise Headquarters

Assistant Federal Defender, Appellate Attorney

Federal Defender Services of Idaho is now accepting applications for a full-time Assistant Federal Defender, Appellate Attorney to join the Boise Headquarters.

Federal Defender Services of Idaho (“FDSI”) is the Community Defender Organization (see 18 U.S.C.§ 3006A(g)(2)(B)) for the District of Idaho. The organization’s main office is in Boise, Idaho with a branch in Pocatello, Idaho and a Capital Habeas Unit also in Boise. FDSI operates under the authority of the Criminal Justice Act, 18 U.S.C. § 3006A, to provide defense services to indigent persons in federal criminal cases and related matters in the federal courts. In Boise, the Trial Unit is currently staffed by seven trial attorneys, a research and writing attorney, two mitigation specialists, one investigator, two paralegals, an interpreter, and support staff. FDSI is not an agency of the federal government; staff members are not federal employees.

Job Description: This position is for a licensed attorney with a minimum of four years of experience to provide professional legal representation to indigent persons charged with criminal offenses in the United States District Court for the District of Idaho. We are a tight-knit office of dedicated defense lawyers and staff who want to work with someone equally committed to the zealous representation of indigent people charged with serious crimes. 

As an appellate attorney with FDSI, you will be responsible for pursuing appeals to the Ninth Circuit Court of Appeals, petitions for rehearing and rehearing en banc in that court, and petitions for certiorari to the United States Supreme Court. You will also have a hand in identifying cutting-edge legal issues at the trial level and working with trial teams to draft and argue motions, objections, and other trial-level memoranda. And you will have responsibility over our district’s post-conviction docket, including certain § 2255 motions, § 3582(c)(1)(A) sentence-reduction motions, and complex rule 35 and rule 36 motions. Other opportunities—keeping us and our CJA panel up to speed on the latest legal developments, drafting amicus briefs on important cases, and (if you want it) more trial-level work too—are also available.

We are an extremely collaborative office, and we hope to find an appellate attorney who has the experience and legal intuition necessary to help us think strategically about our cases and to develop important legal issues that we should be pushing whenever the opportunity presents itself. There is a lot of room in this position to develop litigation strategies that have a district and circuit-wide impact on federal criminal defense.

Requirements: To apply, you must be (1) a graduate of an accredited law school; (2) admitted to practice and in good standing before the highest court of a state; and (3) licensed to practice in the U.S. District Court by the time of entrance on duty.  You must also be a U.S. citizen or eligible to work in the United States.

This position requires local and interstate travel. Employees of this program may not engage in other full-time employment or litigation assistance for hire.

The selected candidate will be subject to a background check or investigation and subsequent favorable suitability determination for employment. FDSI employees are considered “at-will” employees and are not covered by the Civil Service Reform Act and are not federal employees. This position is overtime exempt. Employment will be provisional and contingent upon the satisfactory completion of a 180-day probationary period. COVID-19 vaccination is required as a condition of employment, exceptions allowed with reasonable accommodation.

To Apply: Submit an electronic PDF resume including cover letter, writing sample, and references.

Application deadline: October 26, 2022

Salary: Competitive salary (Judicial Pay Scale (JSP) AD23-29; $71,142 - $151,690), health coverage, long term disability and life insurance, paid time off and federal holidays, and retirement plan.

FDSI is an equal opportunity employer committed to inclusive hiring and dedicated to diversity and inclusion in its work and with its staff.