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Job Description -

Municipal Court Prosecutor Position:

Municipal Court Prosecutor Min Experience:

5+

Years Required Travel:

0-25%

Job Type:

Part -

Time Min Education:

Juris Doctor (J.D.)

Reports To:

City Manager Job Summary:

Principal Duties and Responsibilities:

The following duties are NOT intended to serve as a comprehensive list of all duties performed, but only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position-specific duties. This position works under general supervision of the City Manager. Responsibilities include reviewing citizen, employee and police department reports for prosecution, the prosecution of misdemeanors under state law and non-felony municipal ordinances. Candidates must possess sound judgment, be hard working, and have the legal ability and organizational skills to manage the court docket case load. No benefits. Schedule will consist of (12) court days per year, (1) per month.

Essential Functions:

1. Preside over Municipal Court for all class C Misdemeanors, City matters, criminal jury and non-jury trials, pre-trial conferences, juvenile warnings, and other cases appropriately tried in Municipal Court. 2. Review and/or deny requests for continuances. 3. Determine innocence or culpability (when hearing cases without a jury) and levies fine or bail commensurate with the violation in such manner to preserve equity and uniformity in the application of existing laws and ordinances. 4. Supervise the administration of juror notification and direct jurors in trial cases on their role in the interpretation and application of law. 5. Be available, or have adequate prosecutor expertise to review and/or sign complaints, summons, subpoenas, affidavits for search and arrest warrants, prisoner transfer documentation, affidavits, etc. 6. Support court activities with Municipal Court Clerk, City Attorney, and other city departments. Job Description - Municipal Court Prosecutor 7. Conduct hearings (including property, emergency protective order, and dangerous structures). 9. Ability to meet to discuss arraignments for defendants arrested by the Kirby Police Department. 10. Review legislation and current case law affecting offenses and the criminal justice system and implement procedures to ensure compliance. Perform legal research as needed and determine fine amounts. 11. Collaborate with the City Manager and applicable city department(s) to ensure policies and orders are within the parameters of state law but also consistent with the values of the communities and needs of other departments.

Required Knowledge, Skills and Abilities:

Knowledge of:

Ordinances, statutes, and court decisions relating to Municipal Court jurisdictions; knowledge of judicial procedure and rules of evidence, as well as the organization, duties, powers, limitations, and authority of the Municipal Court.

Ability to:

Organizational skills to ensure accurate record-keeping and documentation. Prosecute Class "C" misdemeanors in Municipal Court of Record and appeals to the County Court. Prepare trial notebooks, draft Complaints, motions, briefs, orders, and memoranda. Represent the City and State in bond forfeiture proceedings in the Municipal Court of Record. May meet with defendants during Initial Appearance Hearings. Conducts Pretrial Hearings. Drafts motions and responds to motions/discovery review. Researches, reviews, and analyzes applicable statutes and case law and advises police officers, enforcement officers, and others regarding legal issues pertaining to detection, investigation, and prosecution of criminal cases and enforcement actions. Provides training to police and enforcement officers and others regarding changes in law and procedure. Represents the City in expunctions and appeals of cases from the Municipal Court of Record.

Qualifications:

Skills:

Data Responsibility refers to information, knowledge, and conceptions obtained by observation, investigation, interpretation, visualization, and mental creation. Data are intangible and include numbers, words, symbols, ideas, concepts, and oral verbalizations. Job Description - Municipal Court Prosecutor Coordinates or determines time, place or sequence of operations or activities based on analysis of data or information and may implement and report on operations and activities. People include co-workers, workers in other areas or agencies and the general public. Negotiates, exchanges ideas, information and opinions with others to formulate policy and programs or arrive jointly at decisions, conclusions or solutions.

Physical and Environmental Conditions:

Physical demands refer to the requirements for physical exertion and coordination of limb and body movement. Performs sedentary work that involves walking or standing some of the time and involves exerting up to 10 pounds of force on a regular and recurring basis or sustained keyboard operations.

Education, Certifications and Experience Required:

Bachelor s degree and Juris Doctor/LL.B. from an ABA accredited law school is required. Ability to qualify for CJIS and/or TLETS access is required. Minimum of (5) years previous criminal law experience, preferably as a prosecutor for a city or county.

Special Certifications and Licenses:

Valid Texas Driver s License. Licensed to practice law in the State of Texas with membership in good standing in the State Bar of Texas. Previous municipal law experience preferred. _______________________________________________________________________________________ The City of Kirby is an Equal Opportunity Employer of Qualified Individuals. A City of Kirby application is required. Resumes are considered additional information and accepted with a completed City application. Applications may be submitted online, in person at Kirby City Hall, 112 Bauman Street or through the Texas Municipal League website at www.tml.org.