Family Defense Practice Legal Director

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 the Legal Director of our Family Defense Practice.

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, 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 Managing Director of The Family Defense Practice, the Legal Director will work closely with legal staff to ensure the delivery of high-quality, zealous, and ethical legal representation for parents in Article 10 and related proceedings including custody, visitation, family offense, paternity, and termination of parental rights cases. The Legal Director will work with FDP leadership to identify legal priorities and creative ways to increase due process protections and improve legal representation for parents at risk of losing custody of their children. Responsibilities include:

Direct Representation

• Zealously represent a reduced number of parents and caregivers in Article 10
• Litigate legal matters in abuse and neglect and related 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 and co-counsel support to the attorneys in the family defense practice
• Supervise and train interns and externs

Litigation Support

• Mentor, support, and direct legal representation for parents in the family defense practice
• Be an available and approachable resource to attorneys/advocates for legal questions as they arise in their cases
• Provide direction on litigating novel legal questions
• Draft model motions on complex legal issues
• Draft practice guidance and litigation tool kits for attorneys regarding complex legal and practice issues
• Appear in court with attorneys litigating complex cases or novel legal issues
• Act as a liaison between the legal practice and the Family Court regarding legal and practice issues
• Host weekly in-person office hours to answer questions, case conference, and advise on complex legal issues and challenging cases
• Identify and supervise Article 78 challenges in Office for Children and Family Services (OCFS) and Article 10 cases

Training and Hiring

• Collaborate with the Training Director(s) on identifying, developing, and executing trainings for attorneys and advocates of every practice level
• Moot attorneys on in-court litigation
• Develop and execute trainings for external audiences
• Participate in hiring, as requested
• Communicate changes and developments in relevant case law, at a frequency of at least once a quarter, in writing to the practice
• Communicate changes to relevant statutes and rules to the practice, at a frequency of at least once a quarter, to the practice
• Participate in hiring and recruitment as necessary

Legal Practice Supervision

• Evaluate performance and provide constructive feedback to attorneys, aiding them in their professional development and growth
• Demonstrate a commitment to anti-oppression work in the practice and office, and support directly impacted supervisees in challenging oppressive patterns
• Prepare annual evaluations of supervisees
• Oversee analysis and litigation of legal conflicts
• Research and respond to questions about ethical issues and obligations in consultation with BxD’s General Counsel
• Respond to ethical complaints filed against attorneys and staff members in coordination with BxD’s General Counsel
• Mediate and resolve conflicts that arise during representation between attorneys and clients
• Supervise annual updates of FDP legal memoranda of relevant law by interns
• Ensure the quality and completeness of the family defense practice resource bank that includes legal memos, model briefs, motions, and expert material, and use it to provide technical assistance to staff attorneys

Strategic Visioning

• Identify and advance litigation and programmatic priorities for FDP and develop best practices in consultation with the Managing Director
• Meet regularly with attorneys and advocates to identify issues in need of litigation solutions and approaches
• Collaborate with FDP’s Policy Director and BxD’s Impact Team to identify and advance solutions that address harms and lack of due process in the family policing system, including evaluating and drafting legislative proposals to statutes and laws governing Family Court proceedings
• Supervise FDP’s Appellate Supervising Attorney by reviewing and approving cases for appeal, reviewing appellate briefs, and assisting with preparation for oral argument
• Work with FDP’s leadership to identify legal issues and practices to challenge by appeal, legislative change, or impact litigation
• Collaborate with the legal departments in BXD’s other practices to provide updates on legal developments in FDP and address holistic legal challenges

Administrative

• Maintain the upkeep of the family defense practice resource bank that includes legal memos, model briefs, motions, and expert material
• Assist the Complex Litigation Team with the development of an expert database
• Provide guidance, support, and oversight to maintaining case files in SharePoint
• Provide guidance, support, and oversight to accurate and timely case management

Qualifications

To be eligible, candidates must have:

• Membership in good standing of the New York Bar
• Minimum of ten-years of experience representing parents in cases alleging child abuse and neglect and related proceedings

Candidates must demonstrate:

• Commitment to directly defending parents charged with abuse and/or neglect
• Passion for family defense and dedication to building a robust holistic legal practice to challenge laws, legal policies and practices that cause harm to parents
• Experience 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 the people we represent
• Effective research, writing and courtroom advocacy skills
• Supervisory and mentoring skills, including
  • Interest in and commitment to developing and mentoring attorneys
  • Ability to provide intentional and constructive feedback
  • Flexibility in balancing needs of supervisees against their own caseload
• Ability to multitask, maintain order and meet deadlines in a fast-paced, high-stakes environment
• Meticulous attention to detail
• Ability to think critically and creatively in fast-paced settings, finding innovative solutions to unique obstacles
• 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
• Experience supervising attorneys is desirable but not required

This position is an in-person position subject to BXD’s hybrid work policies.

Salary is commensurate with experience. For candidates with 10-20 years of directly relevant experience, the salary range for this position would be approximately $131,240 – $151,760. Full-time employees are also eligible for a comprehensive benefits package including but not limited to medical, dental and vision coverage; 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 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 not 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.