Case Attorney/PSA OPT 8L 1 1

About the Agency

The Illinois Torture Inquiry and Relief Commission is a state agency that was created by the Illinois Torture Inquiry and Relief Commission Act in 2009. The Act provides for an eight-member commission, chaired by a former judge. The Commission began receiving claims in April 2011, and continued accepting them until the statutory deadline of August 10, 2014. In 2016, the legislature re-opened the filing period through August 10, 2019. The Commission is authorized by statute to gather evidence about a claim of torture occurring in Cook County and then determine whether there is sufficient credible evidence of torture to merit judicial review. To evaluate a claim, the Commission's staff can serve subpoenas to compel the testimony of witnesses and the production of evidence, administer oaths, and use any measure provided for in Illinois civil and criminal codes of procedure. If a matter is referred to court, the Circuit Court will review the case pursuant to the applicable provisions of the Post-Conviction Hearing Act and the TIRC Act. Upon review, the Circuit Court may order an evidentiary hearing in order to determine whether relief (e.g., suppression of a claimant’s statement or a new trial) is warranted.

About the Position

Conducts investigations and analysis of claims of torture as assigned by the Executive Director of the Illinois Torture Inquiry and Relief Commission or the Attorney Supervisor. Evaluates claims for legal compliance with statute 775 ILCS 40/1 et seq. and Administrative Codes 2 Ill. Admin. 3500 and 20 Ill. Admin. 2000 and existing Commission caselaw. Gathers documentary evidence; interviews witnesses; interviews claimants. Drafts recommended determinations and court filings, sometimes requiring research of statutory criminal law and common law; presents recommended determinations to Commission for final determination. Responsible for all aspects of crime victim notification for those cases assigned to him/her. Performs very infrequent legal analysis of Freedom of Information Act, Open Meetings Act, compliance law, employment law, and other statutes/topics as requested by Executive Director.

Job Responsibilities

1. Serves as case attorney for the Torture Inquiry and Relief Commission (TIRC) and provides direct specialized legal services for Commission issues, with primary emphasis on Torture Inquiry and investigatory procedures.

• Directs and conducts investigations of claims of torture as assigned by the Executive Director and Supervising Attorney.
• Analyzes each claim for legal compliance with statute 775 ILCS 40 and Administrative Codes 2 Ill. Admin., 3500 and 20 Ill. Admin. 2000 and existing TIRC caselaw regarding jurisdictional requirements.
• If jurisdictional requirements are met, assigns File Retrieval Specialist, paralegal, and/or investigator to obtain further documentation and interviews or obtains discovery himself or herself in accordance with the Illinois Code of Civil Procedure (735 ILCS 5/2-1003), the Illinois Code of Criminal Procedure (725 ILCS 5/114-13), the Illinois Supreme Court Rules, and the Illinois Rules of Evidence.
• If required, in conjunction with the Illinois Attorney General’s Office, crafts legal arguments for motions to compel document and witness production.

2. Analyzes evidence, after investigation into a claim of torture is complete, in conjunction with legal standards of TIRC Act and caselaw to determine a recommendation to make to the Executive Director and Commission regarding granting of claims and referral to court or denial/dismissal of claims. While the TIRC Act’s legal requirements are paramount, is aware of and considers other statutory and common law criminal law factors of the claimants’ cases as they relate to the claim of torture, particularly post-conviction law.

• Drafts a recommended determination and orally presents recommendation to Commission in its capacity as a quasi-judicial panel.
• Drafts court documents for filing once a determination is made.
• Responsible for all aspects of crime victim notification under 775 ILCS 40/40.

Job Responsibilities (cont)

3. Performs occasional Commission-related research/drafting assignments as assigned by the Executive Director or Supervising Attorney regarding legal matters pertinent to Commission business, including but not limited to:

• Freedom of Information Act,
• Open Meetings Act,
• Personnel and Employment law,
• Illinois Administrative Procedures Act,
• Illinois Post Conviction Hearing Act, and
• Illinois State Officials and Employee Ethics Act.

4. Performs other duties as required or assigned which are reasonably within the scope of the duties enumerated above.

Minimum Qualifications

1. Requires a license to practice law in Illinois.

2. Requires graduation from an accredited law school.

3. Requires prior experience equivalent to three (3) years of progressively responsible administrative experience in a public or business organization.

Preferred Qualifications

1. Prefers one (1) year of Criminal law experience, particularly post-conviction proceedings.

2. Prefers one (1) year experience with Illinois Code of Criminal Procedure, Illinois Code of Civil Procedure, Illinois Supreme Court Rules, and Illinois Rules of Evidence.

3. Prefers one (1) year of Investigative experience, including but not limited to as an attorney, a reporter, a fact-checker, an auditor, or a private investigator.

4. Prefers one (1) year experience with Administrative Law, Illinois Freedom of Information Act and Illinois Open Meetings Act

Employment Conditions

1. Driver’s License required

2. Infrequent travel required

3. Infrequent overtime required