UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

ANNOUNCEMENT FOR FEDERAL PUBLIC DEFENDER

The United States Court of Appeals for the Second Circuit invites applications from

qualified candidates for the position of Federal Public Defender for the District of Vermont. The term of office is four years, with potential for appointment to successive terms. The current authorized annual salary is $195,200.

 

The Federal Public Defender, functioning under the authority of 18 U.S.C. § 3006A(g)(2)(A) and the Criminal Justice Act Plan for the District of Vermont, provides criminal defense services to individuals unable to afford counsel. The Office of the Federal Public Defender for the District of Vermont is located in Burlington. The Federal Public Defender supervises a staff of assistant federal defenders, investigators, a paralegal, and support personnel.

The website for the office is: Home | Federal Public Defender - District of Vermont.

Applicants must satisfy the following conditions:

(1) be a member in good standing in the bar of the state in which the candidate is admitted to practice;

(2) have a minimum of five years criminal practice experience, preferably with significant federal criminal trial experience, which demonstrates an ability to provide zealous representation of consistently high quality to criminal defendants;

(3) possess the ability to effectively administer the office, including the following management areas:

• Budget, procurement, and travel
• Human resources
• Space, facilities, and property;

(4) have a reputation for integrity; and

(5) demonstrate a commitment to the representation of those unable to afford counsel.

 

As the chief executive of the Office of the Federal Public Defender, the Federal Public Defender holds ultimate responsibility for the administration of the Office. The Office serves as a resource center for all practicing federal defense attorneys in the District, providing regularly scheduled training programs as well as advice and counsel when needed. The Federal Public Defender works nationally with other federal defenders on evolving issues in federal criminal law and other areas of shared concern.

The Second Circuit uses an open and competitive selection process. A Merit Selection Committee will review all applications and interview the most qualified candidates. With consideration of the District Court’s recommendation, the Committee will refer the best qualified candidate to the Court of Appeals for selection and appointment. Applicants will be considered without regard to race, color, religion, sex, national origin, age, sexual orientation, or disability. The selected nominee will be required to complete a background investigation prior to appointment. The Federal Public Defender may not engage in the private practice of law. 

Application forms are posted on the Court’s website at http://www.ca2.uscourts.gov. Completed application packages must be in the format required by the Second Circuit and received no later than April 4, 2025.

 

APPLICATION FOR POSITION OF FEDERAL PUBLIC DEFENDER FOR THE DISTRICT OF VERMONT

 

1. GENERAL INFORMATION:

 

1. Full name:

 

2. All other names by which you have been known:

 

3. Present occupation, name of employer, and title:

 

4. Office address and direct phone number:

 

5. Home address, phone number, cell phone number(s), and preferred email address:

 

6. Date of birth:

 

7. Length of residence in (i) Vermont; or (ii) the Second Circuit.

 

8. Are you a United States Citizen?

 

9. State whether you are single, married, widowed, or divorced. If married, provide your

spouse’s name:

 

10. If any member of your household is an attorney, will he/she practice before the District of Vermont if you are appointed as Federal Public Defender?

 

1. Identify any potential conflicts caused by people who would likely appear repeatedly in the District of Vermont if you are appointed?

 

11. Are you related by blood or marriage to any Member of the Second Circuit Judicial Council, Judge of the United States Court of Appeals for the Second Circuit, or Judge of the United States District Court to be served? If so, give their name(s) and relationship:

•  

 

12. If you served in the United States Military, provide branch, dates of service, rank, serial number, present status, and type of discharge:

 

            If still a reserve or national guard member, please give service branch and present rank.

 

1. EMPLOYMENT HISTORY

 

13. IN REVERSE CHRONOLOGICAL ORDER, list all self-employment, law firms, public agencies, and private business or non-profit organizations by which you have been employed or with which you have been associated.

 

            Provide the following for each:

 

 

 

1. Firm/organization name
2. Title of your position(s)—e.g., Associate, Partner, Counsel
3. Dates of employment
4. Name of your supervisor(s) or other point(s) of contact and their current telephone number and email address
5. Address of employer
6. Telephone number of employer

•  

III.      EDUCATION

 

14. IN REVERSE CHRONOLOGICAL ORDER, list all law schools, professional schools, colleges, and universities you attended. Provide the following for each:

 

1. Institution’s name
2. Graduation date
3. Degree(s) conferred
4. Class standing or class rank
5. Honors (Law Review, Awards, Moot Court)
6. GPA

•  

15. List all major academic achievements you received and other significant activities in which you participated during your college or law school careers.

 

16. Were you a member of any law review? Provide journal name(s), supervisor, positions, and dates:

 

 

1. PROFESSIONAL ADMISSIONS

 

17. List all courts, state bar admissions and administrative bodies having special admission requirements in which you are presently admitted to practice. Provide the following for each:

 

1. Name of Court/State Bar/Administrative Entity
2. Address and telephone number
3. Date of admission

 

1. PROFESSIONAL EXPERIENCE

 

18. Describe the general nature of your current legal practice. Please include any legal specialties you possess and the characteristics of your typical clients. Additionally, if your practice is substantially different now than previously, please give the same information with respect to your prior practice.

           

 

19. What percentage of your Courtroom appearances in the past five years were in:

 

                        Federal District and Appeals Courts.......................................................................            %

                        State or Local Courts..............................................................................................            %

                        Bankruptcy Court....................................................................................................            %

                        Administrative Bodies.......................................................................................... .            %

                        Other ......................................................................................................................            %

 

 

20. During the past five years:

 

1. What percentage of your practice has been trial practice? _____%
2. How many times per month have you appeared in court? ______
3. How many times per month have you appeared at administrative hearings? ______
4. What percentage of your practice involving litigation has been:

                        Criminal                                 %

                        Civil                                       %

                        Bankruptcy                            %

                        Administrative                       %

                        Other                                      %

 

21. Please identify no more than ten cases you tried to conclusion in courts of record. State briefly for each such case:

 

1. Were you sole, associate, or chief counsel?
2. The issues presented and the decision of the court and for which party
3. Name, current address, telephone, and email of your adversary(ies) and co-counsel
4. Name, current address, and telephone of the judge(s) before whom you appeared
5. Provide citations of any reported cases

 

 

22. Please identify any appeals you have handled to conclusion in appellate courts during the past five years. State briefly for each such case:

 

1. Were you sole, associate, or chief counsel
2. The issues presented and the decision of the court and for which party
3. Name, current address, telephone, and email of your adversary(ies) and co-counsel
4. Name, current address, and telephone of the judge(s) before whom you appeared
5. Provide citations of any reported cases

 

 

 

23. Please provide the following information regarding any courses, legal or non-legal, you have taught:

 

1. Name of institution
2. Names of courses taught
3. Dates of courses taught
4. Name of supervisor at teaching institution. Please include an email address and telephone number.

 

24. Describe your administrative and supervisory experience.

 

25. List all seminars, symposia, lectures, or legal meetings in the nature of continuing legal education in the last five years in which you have participated as a speaker, lecturer, or panelist. Please specify:

 

 

 

1. Date of program
2. Sponsoring organization
3. Subject of the program
4. Your role and the subject(s) or topic(s) on which you spoke

 

 

26. Please give citations and dates of any legal books or law review articles you published.

 

1. HONORS

 

27. IN REVERSE CHRONOLOGICAL ORDER, list any honors, prizes, or awards you have received following law school:

 

1. Post-law school and graduate school
2. Professionally

 

 

VII.     PUBLIC OFFICE

 

28. Have you ever campaigned for, or held, public office? Provide details:

 

29. Have you ever served as a Federal Public Defender or been a candidate for a Federal Public Defender position? If so, provide:

 

1. The name of the agency/office
2. Dates of service or dates of candidacy

 

 

 

30. Have you ever served in a quasi-judicial capacity? Provide the following for each:

 

1. The name of the agency
2. What issues were addressed
3. Number of cases adjudicated
4. Dates of your service

 

VIII.   BUSINESS INVOLVEMENT

 

31. Are you now an officer, director, or otherwise engaged in the management of any business  

            enterprise? Provide the following details:

 

1. The name of any such enterprise
2. The nature of the business
3. The nature of your duties
4. Will you resign the position upon appointment as Federal Public Defender?

 

 

 

 

 

 

32. Since being admitted to the Bar, have you ever engaged in any occupation, business, or

profession other than the practice of law? Include employment as in-house counsel; affiliation in limited partnership; as a managing partner; or participation in an LLC. Provide the following details:

 

1. The name of any such enterprise
2. The nature of the business
3. The nature of your duties
4. Will you resign the position upon appointment Federal Public Defender?

 

33. State whether during the past five years you have received any fees or compensation of any kind, other than for legal services rendered, from any business enterprise, institution, organization, or association of any kind. Include any stock or other interest of value received as fees for services. Provide the following details:

 

1. Identify the source of any such compensation
2. The nature of the business enterprise, institution, organization or association involved
3. Dates such compensation was paid

 

 

 

1. DISCIPLINARY PROCEEDINGS/OFFENSES

 

If you affirmatively answer the following series of questions (numbers 34-45), provide specific details including the following:

 

1. Name(s) of lawsuit
2. Docket number
3. Court of record or disciplinary authority
4. Parties of record and relevant dates
5. Explain the final judgment

 

34. Have you ever been arrested, charged, or convicted for violation of any federal law, state law, county or municipal law, regulation, or ordinance? Do not include traffic violations for which a fine of $200 or less was imposed unless it also included a jail sentence.

 

35. Have you ever been arrested, charged, or convicted of breaking the law of a foreign jurisdiction?

 

36. Have you, to your knowledge, ever been the subject of federal, state, or local investigation for possible violation of a criminal nature?

 

37. Have you ever been sued by a client? If so, please provide name of case, docket number, and outcome.

 

38. Have you ever been involved as a party to any criminal, civil, or administrative litigation?

 

39. Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, administrative agency, bar association, or other professional group?

 

 

 

40. Without regard to the outcome, to your knowledge, has there ever been a formal complaint filed against you by any court, administrative agency, bar association, or other professional group? If so, name of proceeding and docket number.

 

41. Have you ever been charged, or investigated to determine if you should be charged, with misconduct, incompetence, unsatisfactory performance of duty, or violation of law?

 

42. Have you, to your knowledge, ever been found not qualified for any public position by any court, administrative agency, bar association, or other professional group?

 

43. Have you ever been disciplined or terminated, or resigned to avoid possible termination, by any public or private employer, law firm, or any other entity because of misconduct, impropriety, or unsatisfactory performance?

 

44. Have you ever resigned from, or for other reasons ceased to be a member of, the bar or bench of any state or court in any jurisdiction, a member of any governmental body, a hearing officer, or the holder of any similar position?

 

45. Have any formal complaints been filed accusing you of sexual or non-sexual harassment, retaliation, hostile work environment, or disparate treatment on the basis of sex, race, color, national origin, religion, age, sexual orientation, or physical or mental disability status

 

1. Taxes

 

46. Are you in compliance with the tax laws of the federal government and state, county and community of which you are a resident?

 

47. Have you timely filed appropriate tax returns as required by federal, state, local, and other government authorities? For any lapse in filing, please specify.

 

48. Has a tax lien or other collection procedure ever been instituted against you by federal, state or local authorities? If so, provide details.

 

 

 

1. PERSONAL FINANCES

 

49. Are there any unsatisfied judgments against you? Provide dates, nature, and amount of judgment

 

50. Are you in default in the performance or discharge of any duty or obligation imposed upon you by decree or order of any court or administrative agency, including alimony/maintenance and support order decrees? If yes, please specify.

 

51. Have you ever made an assignment for the benefit of creditors? If so, please specify.

 

52. Has any petition in bankruptcy ever been filed by or against you? If so, provide date, docket number, court where filed, and disposition.

 

 

 

 

 

XII.     PROFESSIONAL AND OTHER ACTIVITIES

 

53. List all bar associations and legal professional societies of which you are a member. Give the titles and dates of any office you have held in such groups and list your committee memberships.

 

 

 

54. List all organizations and clubs, other than bar associations and professional societies identified in response to Question No. 56, of which you have been a member during the past ten years, including the titles and dates of any offices you held in such organization.

 

55. Describe your civic, philanthropic, community, social, or public service activities during the past five years, including any posts or offices you held and honors or awards you received.

 

XIII.   SUPPLEMENTAL INFORMATION

 

56. Do any clubs or private associations to which you belong restrict membership to any persons on the basis of gender, race, religion, or sexual orientation? If yes, please advise whether you intend to remain a member.

 

57. In 500 words or less, describe your commitment to the representation of those unable to afford counsel and any achievements or accomplishments you believe demonstrate your commitment to equal justice under the law.

 

 

58. In 500 words or less, state any additional education or other experiences you believe would assist you in holding the office of Federal Public Defender.

 

59. If you have ever been a member of a Criminal Justice Act (CJA) panel, indicate the court(s) and dates of service.

 

60. State any other pertinent information reflecting positively or adversely on you that you believe should be disclosed to the Court of Appeals and the merit selection committee in connection with your possible nomination as Federal Public Defender.

 

61. Give the names, current phone numbers, and e-mail addresses of at least five (5) but not more than eight (8) persons (excluding relatives) as references who are familiar with your professional work and abilities and with your personal character, stating how long and in what capacity each has known you. Provide the following for each:

 

1. Name and relationship
2. Address, telephone number, and e-mail
3. Period of acquaintance

 

 

 

 

 

 

 

           

 

Confidentiality Statement                           

 

This application will be kept confidential and will be examined only by members of the Merit Selection Panel, the Circuit Executive, Judges of the District of Vermont, and Judges of the United States Court of Appeals for the Second Circuit. 

 

The Merit Selection Committee may conduct due diligence inquiries on a select few candidates. The diligence inquiries include contacting individuals listed as references, as well as employers, colleagues, adversaries, and others. The presumption is that you consent to such inquiries by the Committee. If you prefer to withhold consent until you are contacted for permission, please check this box: ?

 

 

 

 

________________   

Date                                                                                    Signature of Candidate                          

 

 

 

Submit:

 

1. The original application;
2. An original writing sample not to exceed 10 pages; and
3. Resume

 

The completed application must be emailed no later than April 4, 2025, as a single PDF attachment to:

 

fpd_application@ca2.uscourts.gov

 

 

 

 

 

 

The cover letter should be addressed to:

 

Michael D. Jordan

Circuit Executive

United States Courthouse

40 Foley Square, Room 2904

New York, NY 10007

 

 

N.B.     If you change your address, or if anything occurs that would affect your answers to the application, notice of such change should be sent to Circuit Executive Michael D. Jordan.

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