ASSISTANT CITY ATTORNEY - PROSECUTION I or II

Opening Date: February 10, 2025 Closing Date: Open until filled

Status: Full-time, Exempt

Assistant City Attorney-Prosecution I Assistant City Attorney-Prosecution II

Salary Range: $84,438 - $130,879 Salary Range: $93,298 - $144,335

Hiring Range: $84,438 - $107,658 Hiring Range: $93,298 - $118,817

The statements and information in this document are neither intended to nor do they create contractual or other rights on behalf of any person hired by the City.

ASSISTANT CITY ATTORNEY-PROSECUTION I

GENERAL PURPOSE

The Assistant City Attorney - Prosecution is an entry-level attorney assigned to the City Attorney's Office. The Assistant City Attorney - Prosecution is primarily responsible for prosecuting criminal cases on behalf of Midvale City in the Midvale City Justice Court and the Third District Court. The Assistant City Attorney - Prosecution also represents the City as legal counsel in civil matters and provides advice to the City Manager, Mayor, City Council, and other City officials concerning legal rights, obligations, liabilities, and privileges. Minimum requirements include graduation from an American Bar Association accredited law school, membership in good standing with the Utah State Bar, and experience in legal research and writing.

SUPERVISOR

City Attorney

POSITION(S) SUPERVISED

None

ESSENTIAL JOB FUNCTIONS

• Meet performance standards established with the employee's manager.
• Follow City and Department policies and procedures.
• Job attendance is required, except for authorized leave.
• Prosecutes, or assists in the prosecution of, assigned criminal, civil, and administrative cases on behalf of the City.
• Performs typical prosecution duties including legal research and evidence gathering; screening cases for possible criminal prosecution; discovery; preparing for and participating in bench and jury trials, motion hearings, conferences with defendants and attorneys, and other related trial work; preparing pleadings, plea negotiations, and arguments; recommending sentencing when appropriate; communicating with victims; responding to Post Conviction Remedies Act claims; and reviewing and responding to expungement petitions.
• Performs complex civil and criminal law functions for the City including legal research and extensive analysis of legal positions and application of complex legal principles and precedents to specialized problems.
• Represents the City in criminal appeals to district and appellate courts.
• Assists in representing and defending the City against lawsuits and legal claims.
• Drafts and reviews correspondence, legal opinions, contracts, reports, ordinances, resolutions, pleadings, and other written materials.
• Provides legal advice and support to City and RDA officials, administration, and departments.
• Responds to citizen questions about applicable municipal law.
• Maintains a professional relationship with City, court, law enforcement officials, staff, and the public.
• Advises City and enforcement personnel on matters concerning criminal law.
• Thoroughly researches legal issues and topics and provides clear and concise analyses of findings and opinions to adequately represent the City in areas of municipal law, as needed.
• Performs other departmental duties as assigned.
• Attends City Council meetings, Planning Commission meetings, Executive Staff meetings, and other meetings as requested by the City Attorney.
• Travels to and attends court, meetings, and conferences/seminars on behalf of the City.
• Maintains professional association memberships.
• Stays abreast of current case law, statutory changes, and legal trends and innovations.
• Assists City Attorney as requested.
• Perform other duties as assigned or required.

Exempt Status: While the schedule of the employee in this position is flexible, the following is expected to ensure availability and coverage within the department and duties are accomplished:

• Arrive for the workday no later than 7:30 a.m. unless extenuating circumstances dictate otherwise.
• Ensure coverage in the office during lunch hours.
• Limit the amount of time out of the office when coverage is limited.
• Ensure that work product is complete/up to date.
• All time off in excess of 2 hours must be approved by the department director or designee.
• Employee shall take into consideration their availability to the general public, court staff, law enforcement, attorneys, and other employees.
• The City's adoption of a 10-hour workday provides for services to the public after 5:00 p.m. It is expected that this time is covered by this position or an approved designee.
• Attend meetings, or ensure coverage of meetings, beyond the 10-hour workday.

MINIMUM QUALIFICATIONS

• Education and Experience:
• Graduation from an American Bar Association accredited law school with a JD.
• Experience in legal research and writing.
• Experience in criminal law and/or municipal law highly desirable.

• Special Qualifications, Licenses, Certifications:
• Must possess and maintain a valid Utah State driver's license with periodic verifications by the City.
• Must be a member, in good standing, with the Utah State Bar Association.

• Knowledge, Skills and Abilities:
• Working knowledge of federal, state, municipal, and criminal law, rules, and legal terminology.
• Working knowledge of City departments and the legal needs.
• Skill in writing.
• Skill in oral advocacy.
• Skill in absorbing raised issues and evaluating conflicting contention.
• Ability to communicate effectively verbally and in writing.
• Ability to analyze and organize facts, evidence, and precedents and develop legal conclusions and applications.
• Ability to digest information and adjust legal strategies impromptu under stress.
• Ability to apply very general arguments to specific instances.
• Ability to establish and maintain effective professional relationships with elected officials, City employees, court personnel, attorneys, and law enforcement.
• Ability to deal with defendants, victims, witnesses, and the public directly under stressful circumstances.

• Physical Demands
• Requires physical movement and sitting, as well as the ability to travel unaccompanied for the purpose of conducting City business.
• Requires the ability to perform light physical tasks, including the operation of office machinery and equipment and occasional light lifting.
• Mental application utilizes memory for details, verbal instructions, emotional stability, critical thinking, and creative problem solving.
• Common eye, hand, finger dexterity is required to perform essential functions.
• Talking, hearing, and seeing required in the normal course of performing the job.
• Work Environment
• Typical office and courtroom environments, including air conditioning and ultraviolet lighting, with low noise level and little or no exposure to hazards, but may include activities outdoors.
• Exposure to potential discomfort associated with computer keyboarding and constant monitoring of computer display screens.
• Considerable exposure to varying levels of stress due to workloads, frequent interruptions, human behavior, deadlines, and multiple tasks and assignments.
• Occasional travel to locations both inside and outside the limits of Midvale City and/or the State of Utah.

ASSISTANT CITY ATTORNEY - PROSECUTION II

GENERAL PURPOSE

The Assistant City Attorney- Prosecution II is an attorney assigned to the City Attorney's Office. The Assistant City Attorney-Prosecution II is primarily responsible for prosecuting criminal cases on behalf of Midvale City in the Midvale City Justice Court and the Third District Court. The Assistant City Attorney-Prosecution II also represents the City as legal counsel in civil matters and provides advice to the City Manager, Mayor, City Council, and other City officials concerning legal rights, obligations, liabilities, and privileges. Minimum requirements include graduation from an American Bar Association accredited law school, membership in good standing with the Utah State Bar, a minimum of 3 years of practicing criminal law, and experience in legal research and writing.

SUPERVISOR

City Attorney

POSITION(S) SUPERVISED

None

ESSENTIAL JOB FUNCTIONS

• Meet performance standards established with the employee's manager.
• Follow City and Department policies and procedures.
• Job attendance is required, except for authorized leave.
• Prosecutes, or assists in the prosecution of, assigned criminal, civil, and administrative cases on behalf of the City.
• Performs typical prosecution duties including legal research and evidence gathering; screening cases for possible criminal prosecution; discovery; preparing for and participating in bench and jury trials, motion hearings, conferences with defendants and attorneys, and other related trial work; preparing pleadings, plea negotiations, and arguments; recommending sentencing when appropriate; communicating with victims; responding to Post Conviction Remedies Act claims; and reviewing and responding to expungement petitions.
• Performs complex civil and criminal law functions for the City and RDA, including legal research and extensive analysis of legal positions and application of complex legal principles and precedents to specialized problems.
• Represents the City in criminal appeals to district and appellate courts.
• Assists in representing and defending the City against lawsuits and legal claims.
• Drafts and reviews correspondence, legal opinions, contracts, reports, ordinances, resolutions, pleadings, and other written materials.
• Provides legal advice and support to City and RDA officials, administration, and departments.
• Responds to citizen questions about applicable municipal law.
• Maintains a professional relationship with City, court, law enforcement officials, staff, and the public.
• Advises City and enforcement personnel on matters concerning criminal law.
• Thoroughly researches legal issues and topics and provides clear and concise analyses of findings and opinions to adequately represent the City in areas of municipal law, as needed.
• Attends City Council meetings, Planning Commission meetings, staff meetings, and other meetings as requested by the City Attorney.
• Travels to and attends court, meetings, and conferences/seminars on behalf of the City.
• Maintains professional association memberships.
• Stays abreast of current case law, statutory changes, and legal trends and innovations.
• Assists City Attorney as requested.
• Perform other duties as assigned or required.

Exempt Status: While the schedule of the employee in this position is flexible, the following is expected to ensure availability and coverage within the department and duties are accomplished:

• Arrive for the workday no later than 8:00 a.m. unless extenuating circumstances dictate otherwise.
• Ensure coverage in the office during lunch hours.
• Limit the amount of time out of the office when coverage is limited.
• Ensure that work product is complete/up to date.
• All time off must be approved by the department director or designee.
• Employee shall take into consideration their availability to the general public, court staff, law enforcement, attorneys, and other employees.
• The City's adoption of a 10-hour workday provides for services to the public after 5:00 p.m. It is expected that this time is covered by this position or an approved designee.
• Attend meetings, or ensure coverage of meetings, beyond the 10-hour workday.

MINIMUM QUALIFICATIONS

• Education and Experience:
• Graduation from an American Bar Association accredited law school with a JD.
• Three years of experience practicing criminal law.
• Experience in legal research and writing.
• Experience in municipal law highly desirable.

• Special Qualifications, Licenses, Certifications:
• Must possess and maintain a valid Utah State driver's license with periodic verifications by the City.
• Must be a member, in good standing, with the Utah State Bar Association.
• Must be able to pass a BCI background check.

• Knowledge, Skills and Abilities:
• Working knowledge of federal, state, municipal, and criminal law, rules, and legal terminology.
• Working knowledge of City departments and the legal needs.
• Working knowledge of Utah Rules of Evidence, Rules of Civil Procedure, and Rules of Criminal Procedure.
• Skill in writing.
• Skill in oral advocacy.
• Skill in absorbing raised issues and evaluating conflicting contention.
• Ability to communicate effectively verbally and in writing.
• Ability to analyze and organize facts, evidence, and precedents and develop legal conclusions and applications.
• Ability to digest information and adjust legal strategies impromptu under stress.
• Ability to apply very general arguments to specific instances.
• Ability to establish and maintain effective professional relationships with elected officials, City employees, court personnel, attorneys, and law enforcement.
• Ability to deal with defendants, victims, witnesses, and the public directly under stressful circumstances.
• Ability to complete assignments within deadlines.
• Ability to engage in critical thinking and creative problem solving.
• Ability to use a computer and associated technology.

• Physical Demands
• Requires physical movement and sitting, as well as the ability to travel unaccompanied for the purpose of conducting City business.
• Requires the ability to perform light physical tasks, including the operation of office machinery and equipment and occasional light lifting.
• Mental application utilizes memory for details, verbal instructions, emotional stability, critical thinking, and creative problem solving.
• Common eye, hand, finger dexterity is required to perform essential functions.
• Talking, hearing, and seeing required in the normal course of performing the job.
• 5. Work Environment
• Typical office and courtroom environments, including air conditioning and ultraviolet lighting, with low noise level and little or no exposure to hazards, but may include activities outdoors.
• Exposure to potential discomfort associated with computer keyboarding and constant monitoring of computer display screens.
• Considerable exposure to varying levels of stress due to workloads, frequent interruptions, human behavior, deadlines, and multiple tasks and assignments.
• Occasional travel to locations both inside and outside the limits of Midvale City and/or the State of Utah.

NOTICE

This job description in no way states or implies that these are the only tasks to be performed by the employee occupying this position. He or she will be required to follow any other instructions and to perform any other job-related duties requested by his or her supervisor. It is the policy of Midvale City to provide and promote equal opportunity in employment, compensation, and other terms and conditions of employment without discrimination because of race, color, sex, religion, national origin, age, or disability. Human Resources will provide reasonable accommodation for any applicants during the selection process. If you have special needs, please call 801-567-7223.

APPLICATIONS AND RESUME must be submitted online at Midvale.Utah.gov. This position is open until filled with the first review on February 24, 2025.

MIDVALE CITY IS AN EQUAL OPPORTUNITY EMPLOYER

This job is contingent upon successful completion of a drug test and a thorough investigation into your background, references, employment record, driver's license record and other matters related to your suitability for employment. In accepting this job offer with your signature below, you hereby authorize us to contact persons, schools, current employer (if applicable), and previous employers and organizations to obtain any relevant information regarding current and/or previous employment, and release all persons, schools, and employers of any and all claims for providing such information. Any misrepresentation or omission of facts may result in rejection of this job offer, or if hired, discipline up to and including dismissal.