Attorney Advisor (Litigation)

Office of Chief Counsel
Attorney
99 New York Avenue NE
Washington, DC 20226
United States
15-EXC-248-EMH
About the Office: 

The Chief Counsel is responsible for performing all of the legal services related to alcohol, tobacco, firearms, explosives, arson, and administrative law. The Office of the Chief Counsel (CC) prepares, reviews, or assists in the preparation of proposed legislation, regulations, and executive orders relating to the laws affecting and enforced by the Bureau. The CC makes recommendations to the Department of Justice (DOJ) concerning litigation involving the Bureau; represents the Bureau in administrative proceedings; and provides legal advice and assistance to other Federal, State, and local agencies including U.S. Attorneys and DOJ officials in the prosecution of ATF firearms and explosives cases and cases involving alcohol and tobacco diversion.

Job Description: 

This position is located in the Office of the Chief Counsel, Litigation Division, Washington, D.C. The incumbent functions as an advocate and legal advisor on a wide variety of matters involving litigation on behalf of the Bureau.

Responsible for serving as the agency representative in litigation before the Merit Systems Protection Board (MSPB) and Equal Employment Opportunity Commission (EEOC) and acts as second chair in MSPB and EEOC litigation reaching the Federal district and appellate courts.

Responsible for determining the resolution of administrative claims under the Federal Tort Claims Act (FTCA); and the Military Personnel and Civilian Employees Claims Act.

Serves as agency counsel in litigation involving the FTCA, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Freedom of Information Act, the Privacy Act, challenges to the Federal firearms and explosives laws and regulations pursuant to the Administrative Procedure Act, and constitutional challenges.

Conducts extensive research and analysis, applying the pertinent laws, regulations, judicial decisions, administrative opinions, and the Department and Bureau rulings, to defend actions brought against the Bureau, its employees and the laws it is charged with administering and enforcing. This includes providing thorough and comprehensive litigation reports, motions, memoranda and briefs to the Department of Justice; attending hearings, settlement conferences, mediations, and other forms of alternative dispute resolution; gathering, organizing, and providing responses to discovery requests, and seeking discovery.

Reviews decisions by the courts and other tribunals that were unfavorable to the Government to determine whether to recommend seeking appellate review, which includes considering the effect of the decision as precedent if allowed to stand, the need for consistent application of the law in all jurisdictions, the sufficiency of evidence, and the amount of damages at issue. Such cases also include the appeal of administrative decisions regarding the revocation and denial of Federal firearms and explosives licenses and permits. If an appeal is recommended and approved, may assist in the preparation of the Government’s case before the appellate court.

Provides advice on questions of law or policy involved in the Bureau’s operations, conducts briefings on case status, gives guidance as to litigation risk to ATF officials, and confers with other Department and Government attorneys to defend lawsuits.

This position is in the Excepted Service.

Relocation and travel expenses may be authorized for this position.

Qualifications: 

Specialized Experience is experience which is in or directly related to the line of work of this position and which has equipped the applicant with particular knowledge, skills and abilities to successfully perform the duties of the position.

All applicants must have five (5) years of specialized experience as a practicing attorney in litigation; knowledge of the Federal firearms and explosives laws and the Administrative Procedure Act; experience with the resolution of administrative claims under the Federal Tort Claims Act (FTCA), and the Military Personnel and Civilian Employees Claims Act, and litigation involving the FTCA, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Freedom of Information Act, the Privacy Act; experience with the Merit System Protection Board and Equal Employment Occupation Commission processes and procedures; and demonstrated superior analytical and writing skills.

Applicants must possess a J.D. degree from an American Bar Association (ABA) accredited law school.

In addition, all applicants, must be active members in good standing of the bar of any state or territory, or the District of Columbia.

All applicants must meet all qualifications requirements described in this announcement by the closing date.

Salary: 
$107,325.00 to $139,523.00 / Per Year
Travel: 
Travel may be required.
Application Process: 

The how to apply instructions can be found in VA #15-EXC-248-EMH on USAJOBS.OPM.GOV.

All applications and resume must be submitted on-line through USAJOBS under vacancy announcement number 15-EXC-248-EMH.

All application must be received by June 5, 2015 midnight on the closing date of this announcement.

If you have questions or are unable to submit your application through USAJOBS, please contact Ella Hathaway, Human Resources Specialist, at (202) 648-8835.

Internet sites: http://www.atf.gov/content/Careers/careers-at-ATF (use this internet site to access the on-line application in USAJOBS).  This and other attorney vacancy announcements with the Department of Justice can be found at http://www.justice.gov/legal-careers/vacancies.

Application Deadline: 
Friday, June 5, 2015
Relocation Expenses: 
Relocation and travel expenses may be authorized for this position.
Number of Positions: 
1
Updated April 7, 2016

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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 color, race, religion, national origin, political affiliation, marital status, disability (physical or mental), age, sex, gender identity, sexual orientation, genetic information, status as a parent, membership or non-membership in an employee organization, on the basis of personal favoritism, or any other non-merit 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.

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 targeted/severe disabilities are encouraged to register for the Office of Personnel Management (OPM) Shared List of People with Disabilities (the Bender Disability Employment Registry) by submitting their resume to resume@benderconsult.com and referencing "Federal Career Opportunities" in the subject line.  Additional information about the Bender Registry is available at www.benderconsult.com.  Individuals with disabilities may also contact one of the Department’s Disability Points of Contact (DPOC).  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 who have lived outside the United States for two or more of the past five years will likely have difficulty being approved for appointments by the Department Security Staff. The two-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.

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 his  or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).

 

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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.