Family Defense Practice Appellate Attorney

The Bronx Defenders – an innovative, progressive, holistic defense office in the South Bronx – seeks an experienced Family Defense Attorney with a commitment to social justice to work as an Appellate Attorney in our Family Defense Practice (FDP).

The Bronx Defenders is a public defender non-profit that is radically transforming how low-income people in the Bronx are represented in the legal system, and, in doing so, is transforming the system itself. BxD seeks thoughtful and creative individuals with a strong commitment to social justice to join our dynamic and diverse staff. Our staff of over 400 includes interdisciplinary teams made up of criminal, civil, immigration, and family defense attorneys, as well as social workers, benefits specialists, legal advocates, parent advocates, investigators, and team administrators, who collaborate to provide holistic advocacy to address the causes and consequences of legal system involvement. Through this integrated team-based structure, we have developed a groundbreaking, nationally-recognized model of representation called holistic defense that achieves better outcomes for the people we defend.

Each year, we defend more than 20,000 low-income Bronx residents in criminal, civil, family, and immigration cases, and reach thousands more through our community intake, youth mentoring, and outreach programs. Through impact litigation, policy advocacy, and community organizing, we push for systemic change at the local, state, and national levels. We take what we learn from the people we represent and communities we work with and launch innovative initiatives designed to bring about real and lasting change.

Family Defense Practice

The Bronx Defenders’ Family Defense Practice (FDP) provides legal representation and social work support to parents charged with child abuse and neglect who are at risk of losing custody of their children. Our Family Defense Practice is at the forefront of a movement to provide holistic representation to parents in the Bronx while creating long-term solutions for the reunification and stability of families. Family Defense Practice Attorneys primarily litigate abuse and neglect cases, but occasionally appear in concurrent matters including custody, visitation, and termination of parental rights.

Responsibilities

Reporting directly to the Supervising Appellate Attorney, the Appellate Attorney will carry a reduced caseload while litigating all aspects of family court appeals and emergency interim appeals as well as defending those brought by other parties. The Appellate Attorney will collaborate with the Legal Director and with FDP attorneys in addressing novel legal issues and developing cases for appeal and will research and draft legal memos and model briefs. The attorney will also be responsible for ensuring the proper preparation and filing of appellate materials with the court, including notices of appeal, motions, and briefs.

Direct Representation

• Zealously represent parents in ACS investigations and child protective proceedings in Bronx Family Court and any concurrent matters including custody, visitation, and termination of parental rights cases
• Litigate legal matters in abuse and neglect proceedings in hearings and trials in family court - orally and in writing
• Effectively communicate and negotiate with judges, caseworkers, attorneys for the child(ren), and representatives of the Administration for Children’s Services on behalf of parents
• Assist parents in accessing appropriate resources and services to restore full parental rights
• Collaborate with social workers and parent advocates in the Family Defense Practice, as well as attorneys and advocates in the criminal defense, civil action and immigration practice on enmeshed issues that arise in other venues
• Collaborate to provide co-counseling and coverage for cases to ensure that all client needs are met
• Maintain client case files and data in BxD’s case management system
• Provide mentorship to junior attorneys and co-counsel support
• Supervise and train interns and externs
• Participate in hiring and recruitment as requested

Appellate Representation

• Zealously represent parents in interlocutory and final appeals from Article 10 proceedings in Bronx Family Court and concurrent matters including but not limited to custody, visitation, and termination of parental rights cases
• Collaborate with attorneys in our Criminal Defense, Immigration and Civil Action practices as a part of our holistic, interdisciplinary legal defense model
• Litigate appeals from BxD Family Defense Practice cases in the Appellate Division and Court of Appeals
• Draft and edit briefs, motions and other appellate documents in FDP appeals
• Assist in preparation for and deliver oral arguments in FDP appeals
• Prepare comprehensive legal memos and draft model briefs on novel legal issues
• Collaborate with Family Defense Practice attorneys and the Legal Director in developing legal issues for appeals and addressing legal issues arising in the family court
• Assist in creating trainings for FDP attorneys about appellate and other legal issues
• Participate in development and drafting of amicus briefs in relevant cases
• Collaborate with pro bono counsel from law firms in developing and litigating appeals
• Participate in drafting materials, litigating, and preparing for argument in FDP interim appeals as well as in defense of interim appeals brought by ACS and/or other parties
• Monitor legal decisions and developments in the New York courts relevant to our practice
• Take responsibility for production and assembly of materials for filing appellate documents including but not limited to preparing necessary filings, filling out forms, gathering records and exhibits, making and formatting pdfs, filing on court websites and other administrative tasks relating to appeals
• Assist in filing of notices of appeal in FDP cases
• Maintain data regarding appeals in our case management system

Qualifications

To be eligible, applicants must have:

• Minimum of 3 years of practice as an attorney in family law, a related field, or criminal law, or in appellate practice
• Ability to practice in New York or ability to practice pro hac vice until admitted to the New York State Bar

Applicants must demonstrate:

• Commitment to directly defending parents charged with abuse and/or neglect in child welfare proceedings
• Understanding of how race and poverty affect parents’ experiences in the family regulation system
• Commitment to working in and with racially, ethnically and socioeconomically marginalized communities
• Ability to effectively and respectfully communicate, collaborate and connect with people with various backgrounds, identities and experiences
• Ability to work well independently as well as collaboratively with an interdisciplinary team of lawyers and non-lawyers
• Commitment to fierce advocacy, and willingness to strategically challenge authority in defense of clients
• Effective research, writing and courtroom advocacy skills, including ability to produce work product on short deadlines
• Ability to quickly grasp and understand novel and pressing legal issues and new cases
• Ability to think creatively about legal arguments and develop arguments in writing
• Ability to engage in extensive and comprehensive legal and other research on a time-sensitive basis
• Strong analytical skills and capacity to employ non-legal resources in cases
• Ability to multitask, maintain order, and meet deadlines in a fast-paced, high-stakes environment
• Meticulous attention to detail and deadlines
• Ability to receive constructive feedback, demonstrate introspection and shift behavior accordingly
• Ability to exercise excellent judgment, discretion, and confidentiality with sensitive matters
• Commitment to raising one’s cultural consciousness and challenging oppressive practices on an interpersonal and institutional level

This is an in-person position.

Salary is commensurate with experience. For candidates with 3-5 years of directly relevant experience, the salary range for this position would be approximately $86,400- 95,040. Full-time employees are also eligible for a comprehensive benefits package including but not limited to medical, dental and vision coverage; a 403(b) plan with employer contribution; and a generous vacation, sick leave, and parental leave policy. More specific information about salary and benefits will be provided when and if an offer is extended.

Approximately 70% of The Bronx Defenders' staff, including attorneys and non-attorneys, are represented by UAW Local 2325 - Association of Legal Aid Attorneys (AFL-CIO). This position is within the bargaining unit.

This position is exempt. By law, non-exempt employees are compensated hourly based on their annual rate and therefore are entitled to over-time, whereas exempt employees are not.