Assistant City Prosecutor

Department: 135 – Legal

Status: Exempt

Position Overview

Under general supervision of the Administrative Prosecutor, the Assistant City Prosecutor conducts prosecutions in Court proceedings on behalf of City Government, including, if necessary, the prosecution of appeals from Municipal Court to the County and Circuit Courts, as well as the Mississippi Court of Appeals and Mississippi Supreme Court, and, on special assignment, prosecutions in Justice Court in Harrison County and other counties and municipalities.

The Assistant City Prosecutor is responsible for efficiently and effectively gathering, reviewing, analyzing, and presenting evidence and pertinent decisions/legal authorities, policies, regulations, laws, and other legal matters in legal proceedings pertaining to applicable cases and related matters. The Administrator Prosecutor is further responsible for effectively presenting and articulating arguments and other communications, whether in writing or verbally, to the appropriate Court or other legal forum.

The employee is an Officer of the Court and obliged to comply with the rules of Court and display courteous and ethical conduct at all times in dealing with the public and in appearances before the Court. The Assistant City Prosecutor reports to the Chief City Prosecutor for day to day supervision and work is reviewed by such supervisor using conferences, reports, and review of completed assignments.

Essential Job Functions

Essential duties and functions, pursuant to the Americans with Disabilities Act, may include the following. Other related duties may be assigned.

• Questions witnesses, police officers and other law enforcement personnel and analyzes evidence applicable to law, regulations, policies, and precedent decisions to determine appropriate and permissible conclusions.

• Conducts criminal litigation in his/her role as Assistant City Prosecutor, to include the prosecution of cases at various different levels, including trials, appeals, and hearings, and conducts pre-trial discovery and investigations in connection with such litigation as well as submission of motions, briefs, and other documents to courts relating to requests for relief and criminal litigation and communications with court personnel other attorneys related to such litigation and proceedings.

• Conducts legal research and fact-finding, including the use of computer databases and electronic searches for research of cases, statutes, regulations, and other legal authorities.

• Recommends withdrawal or dismissal by nolle prosequi of criminal cases where the evidence and expense to the City of prosecution is not merited and where the public interest shall not be detrimentally affected. Such recommendations shall not be the result of partisan deliberation, shall be made only according to policy guidelines, and after a full case investigation.

• Performs other duties related to the judicial system as otherwise directed or required and acts as an Officer of the Court.

Knowledge, Skills and Abilities

Must possess required knowledge, skills, abilities and experience and be able to explain and demonstrate, with or without reasonable accommodations, that the essential functions of the job can be performed.

• Extensive knowledge of the principles and procedures of law enforcement and criminal law, especially as they relate to Municipal and State Courts, with some knowledge of structure and operations of municipal government and its relationship to other public jurisdictions.

• Thorough knowledge of judicial procedure, criminal procedure, rules of evidence, court rules, and applicable rules of professional conduct.

• Familiarity with the role of the Prosecutor and propensity to prosecute cases to conclusion and final adjudication by the judicial authority.

• Thorough knowledge of the current literature, trends and developments in the field of municipal law as it relates to violations of State laws, Federal laws, City Ordinances, Zoning Codes, and Rules of the Road.

• Thorough knowledge of constitutional rights and safeguards involved in arrest, search and seizure, and other law enforcement activities.

• Ability to analyze evidence, investigative reports, and applicable law, regulations, policy, and precedent decisions to determine appropriate and permissible conclusions.

• Skill in obtaining and prosecuting judicial hearings for pre-arrest and pre-seizure or post seizure or detention hearings.

• Skill in analyzing municipal codes for violations, and skill in prosecuting municipal code violations for public enforcement purposes.

• Ability to communicate effectively verbally and in writing; ability to apply and argue legal authorities in support of positions.

• Ability to communicate and deal with the general public, law enforcement, and defense counsel sometimes under stressful circumstances.

• Ability and demeanor to work with other professionals, administrators, and officials in the analysis, scheduling, preparation, and presentation of cases.

• Ability to write clearly and utilize legal terminology. Ability to communicate ideas and concepts, both orally and in writing, to the court, to other city personnel, the public, and city administrators.

• Proficiency in the use of modern computer equipment and programs, including, but not limited to, Microsoft Office, as well as the ability to use multiple pieces of office equipment including personal computer, fax, etc.

• Ability to utilize computer based legal research tools.

• Ability to work under deadlines and within regulations and schedules.

• Proficiency in the use of internal database programs associated with the Office of City Prosecutor.

• High level proficiency in Microsoft Office, Tyler Context Management, Incode, and video software.

Education and Experience

A Juris Doctorate degree from an accredited law school is required. Must be a member in good standing of the Mississippi Bar. Three to five years of increasingly responsible experience as a practicing Attorney, with experience in criminal law, and experience in cases before municipal and state courts in Mississippi. High level of proficiency in the following computer programs highly desirable: Incode, TCM, Microsoft Office, video software (Avail). A combination of education and experience may be substituted.

Licenses or Certificates

Proof of a current license to practice law in the State of Mississippi, having been admitted to practice before the County and Circuit Courts of Harrison County and the Mississippi Supreme Court/Court of Appeals. Must possess a valid Mississippi driver’s license.

Physical Demands and Working Conditions

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical requirements include occasional lifting/carrying of 10+ pounds; visual acuity, speech and hearing; hand and eye coordination and manual dexterity necessary to operate a computer keyboard and basic office equipment. Subject to sitting, standing, reaching, walking, twisting and kneeling to perform the essential functions. Working conditions are primarily inside an office environment.