Career Opportunity

8177-Attorney (Civil/Criminal) Independent Investigations Bureau (IIB)

Recruitment: RTF0128420-01094325

Published: November 09, 2022

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About:

Appointment Type:   Permanent-Exempt (PEX) Appointment.  Pursuant to the City & County of San Francisco Charter, Section 10.104.13. Any person occupying a position under exempt appointment shall not be subject to civil service selection, appointment, and removal procedures. Exempt employees shall serve at the pleasure of the appointing officer.

The San Francisco District Attorney's Office is one of the premier law enforcement organizations in the United States.  Our mission is to collaborate with the City’s diverse communities and law enforcement agencies to make San Francisco one of the safest cities in America.  Our office engages in public education and crime prevention efforts while maintaining the traditional role of investigating, charging, and prosecuting all criminal violations occurring within the City and County of San Francisco.  The unparalleled opportunities for challenging, meaningful, and sophisticated work have consistently drawn top candidates to our office over the years.

Assistant District Attorneys are given substantial responsibility early in their careers and generally start in the Criminal Division handling various cases.  Opportunities to handle more serious and complex cases are afforded as more experience is gained.  Additionally, unique opportunities are afforded to Assistant District Attorneys who show great interest or possess the specialized experience to work within the Office’s White-Collar Criminal Division.  This Division is comprised of experienced attorneys who prosecute white-collar crimes such as economic fraud, public corruption, consumer and environmental crimes. Unlike many other prosecution agencies, we prosecute felony cases vertically, meaning that one Assistant District Attorney will handle a case from its arraignment to final disposition, allowing for more meaningful interaction and attention paid to victims and the pursuit of justice. 

With the diverse nature of our community, the ability to work with people of different backgrounds is critical in the work we do. The Office of the District Attorney proactively seeks to recruit, retain and promote legal staff that reflects the diversity of the community served.

This posting is for the Independent Investigations Bureau (IIB) of the District Attorney’s Office, which handles the investigation and determination of any potential criminal liability for peace officer-involved shootings (OIS), in-custody deaths (ICD), and questions involving potential allegations of excessive use of force. The IIB is responsible for the investigation into potential Fourth and Fourteenth Amendment claims against law enforcement officers.

The IIB conducts complete, thorough, and unbiased investigations, and evaluates incidents that involve questions around potential claims of unconstitutional policing. Prior to the IIB’s formation, the San Francisco Police Department (SFPD) acted as the lead investigating agency in cases of officer-involved shootings, in-custody deaths, and determinations of possible excessive force.

The Unit’s primary responsibilities:

1. To respond to events of officer-involved shootings, use of excessive force, and in-custody deaths, and to conduct independent and thorough investigations into those events that occur within the City and County of San Francisco.

2. To conduct independent and thorough investigations into potential police misconduct that may involve the Fourth and Fourteenth Amendments rights of involved citizens and criminal conduct. Police misconduct occurs in this framework when forces outside of what is necessary or lawful are used by police to accomplish the detention or arrest of any citizen. Misconduct under color of law occurs when police deprive citizens of their constitutional right to be free from unjustified uses of force, illegal seizures of their person, or violations of fundamental freedoms.

3. To assist the Trial Integrity Unity (TIU) and Brady Review Committee with case and conviction reviews triggered by internal unit referrals.

Role description

Essential Functions:

Under the supervision of the IIB Managing Attorney, the Assistant District Attorney (ADA) will be responsible for the investigation of criminal matters involving possible instances of police misconduct. The ADA’s position encompasses the following essential functions:

• Conducting criminal investigations and if criminal charges are filed, prosecuting instances of police misconduct. 
• Knowledge and understanding of the Evidence Code and the California District Attorneys Association guidelines for Uniform Charging Standards to make charging decisions.
• Conducting Grand Jury investigations when required in appropriate matters.
• Completing summaries of comprehensive investigative files and authoring written reports which are to be provided to the California Department of Justice and Attorney General to inform of the results of any undertaken criminal investigation.
• The ability to investigate and review emotionally charged matters with objectivity and sensitivity all while being mindful of the intense public interest in the outcome of that investigation.
• The ability to prosecute criminal cases in Superior Court, which includes the ability to be adept at public speaking, employ complex legal analysis and writing skills, interview witnesses from diverse backgrounds, conduct and or supervise investigations with partner agencies, and prepare legal motions and briefs in conjunction with assigned cases and criminal trials.
• The ability to work collaboratively and professionally with partner agencies, and internal staff (DA Inspectors and paralegals).

How to qualify

Minimum Qualifications:

Requires membership in the State Bar Association and license to practice in all state courts.

Desired Qualifications:

1. Comprehensive knowledge of state, federal, and municipal codes, laws, and ordinances, particularly as applied to civil and criminal inquiries; legal processes and techniques of courtroom and jury trial work; administrative protocols and methods, particularly as they relate to the activities of a prosecutor’s office and police agencies.
2. Strong research and writing skills for the preparation of courtroom briefs as well as reports for public consumption regarding the investigative process and resultant determinations.
3. Ability to: speak and write effectively in the preparation and presentation of assigned legal cases; exercise considerable discretion-based judgment and tact in dealing with court officials, juries, law enforcement agencies, and other governmental agencies, as well as members of the public, in connection with legal assignments.
4. At least ten years of progressively responsible experience as a practicing attorney, with an emphasis on jury trial and courtroom work or an equivalent, combination of training and experience.
5. Prior experience as a criminal investigator.
6. Prior experience as a felony prosecutor or a criminal defense attorney.  Experience in the area of homicide law and litigation is additionally desirable.
7. Experience with issues regarding qualified immunity, civil rights, and or correctional law.

What else should I know?

All applicants are required to submit the following supplemental materials in a single Word or PDF file along with their application:

• Cover Letter
• Resume

Applications will be screened for relevant qualifying experience.  Additional screening mechanisms may be implemented in order to determine candidates’ qualifications.  Only those applicants who most closely meet the needs of the Agency will be invited to participate in the selection process.  Applicants meeting the minimum qualifications are not guaranteed advancement in the process.  Additional supplemental materials may be requested during the recruitment process. 

Salary Range commensurates with experience: $138,710 - $242,996 annually

This is a continuous recruitment until vacancies are filled.

Contact: Shavaun Tolliver, Senior Human Resources Analyst (628) 652-4040

CONDITION OF EMPLOYMENT:  All City and County of San Francisco employees are required to be fully vaccinated against COVID-19 as a condition of employment. Someone is fully vaccinated when 14 days have passed since they received the final dose of a two-shot vaccine or a dose of a one-shot vaccine. Any new hire must present proof of full vaccination status to be appointed. Any new hire who will be routinely assigned or occasionally enter High-Risk Settings, must provide proof of having received a COVID-19 booster vaccine by March 1, 2022, or once eligible.

The City and County of San Francisco encourages women, minorities and persons with disabilities to apply. Applicants will be considered regardless of their sex, race, age, religion, color, national origin, ancestry, physical disability, mental disability, medical condition (associated with cancer, a history of cancer, or genetic characteristics), HIV/AIDS status, genetic information, marital status, sexual orientation, gender, gender identity, gender expression, military and veteran status, or other protected category under the law.