Attorney Advisor

Federal Bureau of Prisons (BOP)
Central Office, Office of General Counsel, Litigation Branch, Washington, DC
Attorney
320 First Street NW
Washington, DC 20534
United States
About the Office: 

The mission of the Litigation Branch is to provide support to attorneys in the Department of Justice (DOJ) components (e.g., Civil, Criminal, and the Solicitor General's Office) and in the U.S. Attorney's Offices on litigation filed in the District of Columbia and on cases having national impact on Bureau programs and policies.  The Litigation Branch also oversees claims filed under the Federal Tort Claims Act.  The Litigation Branch is responsible for analyzing all adverse decisions against the Bureau to determine if appeal is warranted; this entails working closely with DOJ appellate attorneys and attorneys in the Solicitor General's Office.  The Litigation Branch reviews cases before the Supreme Court and advises attorneys in the Solicitor General's Office of the Bureau's position.  The Litigation Branch works with and advises the Assistant Director/General Counsel, Deputy General Counsel, Assistant Directors, Regional Directors, and Wardens, and their management staff, as well as attorneys in the U.S. Attorney's Offices and the DOJ on issues related to Bureau litigation. 

As the federal agency whose mission is to ensure the fair and impartial administration of justice for all Americans, the Department of Justice is committed to fostering a diverse and inclusive work environment. To build and retain a workforce that reflects the diverse experiences and perspectives of the American people, we welcome applicants from the many communities, identities, races, ethnicities, backgrounds, abilities, religions, and cultures of the United States who share our commitment to public service.

Job Description: 

The incumbent will have the opportunity to work with Central Office, regional and institution management and line staff with respect to litigation affecting the Bureau of Prisons, as well as attorneys in the Solicitors General's Office and other attorneys in the DOJ and in the U. S. Attorney's Offices.  The incumbent's responsibilities include: analyzing adverse decisions against the BOP and drafting recommendations to DOJ for the Assistant Director/General Counsel's signature, this includes cases before the Supreme Court; analyzing adverse decisions against other correctional agencies and developing a position for the Bureau on amicus participation by the United States in the Supreme Court; developing an expertise in the Prisoner Litigation Reform Act, Religious Freedom Restoration Act, and constitutional issues affecting Bureau litigation; providing training to Bureau and DOJ attorneys on issues affecting Bureau litigation; and participating in moot courts with assistant U.S. attorneys and DOJ attorneys. 
 
The primary duties of the incumbent will be to manage Bureau prisoner litigation and related discovery as well as respond to legal issues involving conditions of confinement, including but not limited to, claims made pursuant to the Federal Tort Claims Act, administrative remedy request and appeals, and replies to official correspondence.

Qualifications: 

Applicant must possess a J.D. degree, be an active member of the bar (any jurisdiction), and have at least 1 year of post-J.D. experience. 
 
Preferred qualifications: Some litigation experience is desired.

Salary: 
The possible salary range, including locality pay adjustments, is GS-12 ($89,834 to $1116,788); GS-13 ($106,823 to $138,868); GS-14 ($126,233 to $164,102) GS-15 ($148,484 to $176,300).
Travel: 
Limited travel may be required.
Application Process: 

Applicants must submit a cover letter highlighting relevant experience, a resume and a writing sample via email to Corinne Nastro, Associate General Counsel/Branch Chief at cnastro@bop.gov.  Please include the subject line as “LIT Attorney-Advisor”.  
 
No telephone calls please. This position is open until filled, but no later than July 27, 2022.

Applicants should familiarize themselves and comply with the relevant rules of professional conduct regarding any possible conflicts of interest in connection with their applications. In particular, please notify this Office if you currently represent clients or adjudicate matters in which this Office is involved and/or you have a family member who is representing clients or adjudicating matters in which this Office is involved so that we can evaluate any potential conflict of interest or disqualification issue that may need to be addressed under those circumstances.

Application Deadline: 
Wednesday, July 27, 2022
Relocation Expenses: 
Not authorized.
Number of Positions: 
One
Updated July 12, 2022

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Department Policies

Equal Employment Opportunity:  The U.S. Department of Justice is an Equal Opportunity/Reasonable Accommodation Employer.  Except where otherwise provided by law, there will be no discrimination because of race, color, religion, national origin, sex - including gender identity, sexual orientation, or pregnancy status - or because of age (over 40), physical or mental disability, protected genetic information, parental status, marital status, political affiliation, or any other non-merit based factor.  The Department of Justice welcomes and encourages applications from persons with physical and mental disabilities. The Department is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department of Justice. For more information, please review our full EEO Statement.

Reasonable Accommodations:  This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency.  Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

Outreach and Recruitment for Qualified Applicants with Disabilities:  The Department encourages qualified applicants with disabilities, including individuals with targeted/severe disabilities to apply in response to posted vacancy announcements.  Qualified applicants with targeted/severe disabilities may be eligible for direct hire, non-competitive appointment under Schedule A (5 C.F.R. § 213.3102(u)) hiring authority.  Individuals with disabilities are encouraged to contact one of the Department’s Disability Points of Contact (DPOC) to express an interest in being considered for a position. See list of DPOCs.   

Suitability and Citizenship:  It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment.  Employment is also contingent upon the completion and satisfactory adjudication of a background investigation. Congress generally prohibits agencies from employing non-citizens within the United States, except for a few narrow exceptions as set forth in the annual Appropriations Act (see, https://www.usajobs.gov/Help/working-in-government/non-citizens/). Pursuant to DOJ component policies, only U.S. citizens are eligible for employment with the Executive Office for Immigration Review, U.S. Trustee’s Offices, and the Federal Bureau of Investigation. Unless otherwise indicated in a particular job advertisement, qualifying non-U.S. citizens meeting immigration and appropriations law criteria may apply for employment with other DOJ organizations. However, please be advised that the appointment of non-U.S. citizens is extremely rare; such appointments would be possible only if necessary to accomplish the Department's mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis. All DOJ employees are subject to a residency requirement. Candidates must have lived in the United States for at least three of the past five years. The three-year period is cumulative, not necessarily consecutive. Federal or military employees, or dependents of federal or military employees serving overseas, are excepted from this requirement. This is a Department security requirement which is waived only for extreme circumstances and handled on a case-by-case basis.

Veterans:  There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). Applicants should note that SF 15 requires supporting documentation associated with service- connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that their retirement was due to a permanent service-connected disability or that they were transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).

USAO Residency Requirement:  Assistant United States Attorneys must reside in the district to which appointed or within 25 miles thereof.  See 28 U.S.C. 545 for district specific information.

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This and other vacancy announcements can be found under Attorney Vacancies and Volunteer Legal Internships. The Department of Justice cannot control further dissemination and/or posting of information contained in this vacancy announcement. Such posting and/or dissemination is not an endorsement by the Department of the organization or group disseminating and/or posting the information.