Legal Careers
Deputy Branch Director, Constitutional and Specialized Tort Litigation (Bivens)
The Civil Division is the largest litigating division in the Department of Justice. Each year, the Civil Division’s 1,100 lawyers represent some 200 client agencies in approximately 50,000 different matters.
The incumbent serves as the Senior Executive Service (SES) Deputy Director of the Constitutional and Specialized Tort Litigation (CSTL) Section of the Torts Branch within the Civil Division. The Deputy Director will assist in managing both the litigative and administrative responsibilities of the Constitutional Torts staff. CSTL is one of four sections in the Torts Branch.
The Deputy Director will report to the Director of CSTL and operate under the general direction of the Deputy Assistant Attorney General for the Torts Branch. The Deputy Director will direct the provision of representation to federal employees sued personally for actions arising out of the performance of their official duties. Such duties include decisions on whether the Department will undertake to represent federal employees sued in their individual capacities under Attorney General guidelines, determinations regarding whether such representation will be provided directly by the Department or by private counsel at Department expense, and defense of federal employees in litigation against constitutional and common law claims, as well as state and Federal statutory damage actions.
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.
The Deputy Director, in conjunction with the Director, and Senior Trial Counsel, supervises and directs all aspects of the work of Section attorneys. Supervises the review and analysis of facts pertaining to cases or claims brought against federal employees sued personally for actions arising out of the performance of their official duties and/or associated claims against the United States, its agencies, or official capacity employees, and the development of evidence necessary to support the positions of the represented employee and the Government. Determines the Department’s strategy in assigned matters, reviews and evaluates the staff’s work performance, and personally prepares and argues difficult and precedent-setting cases of unusual complexity.
Additional duties include:
- Develops and maintains expertise on the Department’s representation guidelines, which set out procedures for providing legal counsel to federal employees subject to litigation in their individual capacities. Handles requests for emergency or conditional representation under the applicable guidelines or procedures.
- Advises and consults with staff on new program orientations or directives and ensures that adequate resources will be available for implementation within the Branch.
- Participates in the formulation of and plans for implementation of new policies or organizational changes having an impact on the Branch and the Division.
- Serves as a resource for attorneys throughout the Division and the Department in the planning, briefing, and tactical approaches to the handling of individual capacity representation and litigation. Provides advice and assistance to client agencies and United States Attorney’s Offices.
- Analyzes and reviews proposed and pending legislation which may affect the work of the Branch. Comments on and makes recommendations to revise, support, or oppose such legislation, and assists in formulating the Department’s position.
- Assists in managing the support staff and the administrative requirements of the Constitutional Torts staff.
Requirements
Conditions of Employment
- You must be a United States Citizen or National.
- Veterans' preference is not applicable to the Senior Executive Service.
- Selective Service registration is required for males born on, or after, December 31, 1959. Those not registered should have an approved exemption on file.
- You will be required to complete a pre-employment security investigation and background check for the security level designated for this position.
- You may be required to undergo a drug screening and obtain favorable results prior to being appointed.
- You will be required to obtain and maintain a final Sensitive Compartmented Information Clearance. Failure to obtain and maintain the required level of clearance may result in withdrawal of the job offer or removal.
- You may be subject to a one-year probationary period effective from the date in which you are appointed.
- This position requires you to submit a Public Financial Disclosure Report (OGE 278) upon entry, and annually thereafter in accordance with DOJ and Federal ethics guidelines.
- You must meet all minimum qualifications to be deemed eligible. Only experience obtained by closing date of this announcement will be considered.
As a basic requirement for entry into the SES, applicants must provide evidence of progressively responsible leadership experience that is indicative of senior executive level management capability and directly related to the skills and abilities outlined under the Mandatory Technical Qualifications and Executive Core Qualifications.
Applicants must be a graduate from a full course of study in a School of Law accredited by the American Bar Association and be a member in good standing of the bar of a state, territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
We recommend that your application emphasize your level of responsibilities, the scope and complexity of the constitutional torts litigation programs managed, and your program accomplishments, including the results of your actions. You will be evaluated to determine if you meet the minimum qualifications required of the position and on the extent your application demonstrates that you possess the knowledge, skills, and abilities required of the Deputy Branch Director, Constitutional and Specialized Tort Litigation (Bivens). Please be sure to give concrete examples of your experience and demonstrate the complexity of the knowledge you possess.
YOU WILL BE EVALUATED ON ALL OF THE FOLLOWING MANDATORY TECHNICAL QUALIFICATIONS (MTQs): Your responses to the MTQs should be submitted in one document that includes separate narrative statements addressing each of the 2 Mandatory Technical Qualifications (NOT TO EXCEED 2 PAGES PER MTQ, 4 PAGES TOTAL).
MTQ1. Demonstrated legal experience and expertise that includes defending government employees in federal court from constitutional, common law tort, and state or federal statutory damage claims.
MTQ2. Demonstrated experience in overseeing the activities of a legal organization including developing legal strategies in the federal courts, providing sound and timely legal counsel, managing staff, and handling administrative matters in support of litigation.
IN ADDITION, YOU MUST CLEARLY DOCUMENT AND DEMONSTRATE THE FOLLOWING EXECUTIVE CORE QUALIFICATIONS (ECQ) EVIDENCE BY ADDRESSING EACH OF THE (5) ECQs IN A SEPARATE RESPONSE FOR EACH (not to exceed 2 pages per ECQ, total of 10 pages):
ECQ1 - LEADING CHANGE. This core qualification involves the ability to bring about strategic change, both within and outside the organization, to meet organizational goals. Inherent to this ECQ is the ability to establish an organizational vision and to implement it in a continuously changing environment.
ECQ2 - LEADING PEOPLE. This core qualification involves the ability to lead people toward meeting the organization's vision, mission, and goals. Inherent to this ECQ is the ability to provide an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts.
ECQ3 - RESULTS DRIVEN. This core qualification involves the ability to meet organizational goals. Inherent to this ECQ is the ability to make decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks.
ECQ4 - BUSINESS ACUMEN. This core qualification involves the ability to manage human, financial, and information resources strategically.
ECQ5 - BUILDING COALITIONS. This core qualification involves the ability to build coalitions internally and with other Federal agencies, State and local governments, nonprofit and private sector organizations, foreign governments, or international organizations to achieve common goals.
Fundamental Competencies: These competencies are the foundation for success in each of the Executive Core Qualifications: Interpersonal Skills, Oral Communication, Continual Learning, Written Communication, Integrity/Honesty, and Public Service Motivation. The Fundamental Competencies are crosscutting and should be addressed over the course of each ECQ narratives. It is not necessary for you to address the Fundamental Competencies directly as long as the narrative, in its totality, shows mastery of these competencies on the whole.
Qualifications include both general management skills and characteristics that are applicable to all SES positions and technical or program responsibilities specific to this position. Applicants must have a substantive general experience that provides a good basic or general knowledge of the principles of organization, management, and administration; and substantive specialized (operating, administrative or managerial) experience in a type of work or a combination of functions directly related to this position.
Applications without separate narrative statements will not be considered.
Note: Applicants who have completed the SES Candidate Development Program (CDP) and have had their ECQs certified by OPM must provide a copy of their certificate as part of their application. Candidates must still satisfy the MTQs of the position.
Please refer to OPM's Guide to the Senior Executive Service Qualifications for more detailed information.
http://www.opm.gov/ses/recruitment/ecq.asp
Copies of the Office of Personnel Management's "Guide to Senior Executive Service Qualifications" may be obtained via the Internet at
http://www.opm.gov/ses/references/GuidetoSESQuals_2012.pdf
To apply for this position, you must complete the online application questionnaire and submit your supporting documentation through USAJobs: https://www.usajobs.gov/GetJob/ViewDetails/696334100
Your complete application package must be submitted by 11:59 PM (EST) on 1/21/23 to receive consideration.
1. Click "Apply Online" to get started.
2. If you're not logged in to your USAJOBS account, you will need to login. If you don't have an account, please create one.
3. You will be prompted to select one of your stored (or uploaded) resumes, and any supporting documents you have uploaded to USAJOBS. If you have not uploaded these documents, you can do so later before submitting your application.
4. After acknowledging you have reviewed your application package, you will be asked to submit your demographic information (if you have provided this in your profile). Submission is optional and anonymous.
5. You'll be asked to confirm your choices and certify the accuracy of your information before you're able to continue to the Application Manager system. Until you see the blue border and DOJ logo, you are still on USAJOBS. You'll see a folder animation just before you leave USAJOBS.
6. Once you reach DOJ's Application Manager system, you'll be asked to verify the information you transmitted from USAJOBS. You will then respond to the application assessment questionnaires and indicate your eligibility options.
7. After responding to the questionnaires, you will have the opportunity to attach the documents you brought over from USAJOBS *OR* upload documents directly from your computer or device.
8. If you opt to upload a document directly, click the "Upload" button and select the document on your device, then wait for the upload to finish. Repeat as needed.
Documents must be less than 3 MB each and should be in a compatible file format
(https://help.usastaff ing.gov/Apply/index.php?title=Documents)
9. Once all your documents are uploaded, you must assign the uploads to the appropriate document category. You may attach more than one document to each category. Click the drop-down menu for a document category, and select one of the available options in the menu. The document will be listed under this category. You can click the drop-down again to add other documents, as needed. You can have up to 15 document assignments.
10. Once you've uploaded and assigned all your documents to an appropriate document type, you can proceed to the final verification step, and click Submit.
11. If you have correctly submitted your application, you will receive an automated e-mail notification within 30-60 minutes. Be sure to review the announcement fully to make sure that your application contains everything that is required.
If you need help with the application process, please see the USAJOBS Help Site (for everything on the USAJOBS-side), or the Application Manager Help Site (for everything on the DOJ-side).
Regrettably, the Department of Justice cannot assist you with USAJOBS account issues. If you contact us for assistance and the problem is related to your USAJOBS account, we will have to direct you to USAJOBS to remedy the issue.
REASONABLE ACCOMMODATIONS:
If you are unable to apply online due to a disability or overseas deployment, you must request an alternative application, which is available from the Human Resources Office. Please contact Meghan Killiany at 202-598-3093 or Meghan.n.killiany@usdoj.gov to discuss your situation. Accommodations are reviewed on a case-by-case basis. Indicate that you're asking for a reasonable accommodation in your e-mail so the HR Specialist knows how to direct you.
How You Will Be Evaluated
You will be evaluated for this job based on how well you meet the qualifications above.
Only experience obtained by 11:59 pm (EST) on the closing date (1/21/23) of this announcement will be considered.
You will be evaluated to determine if you meet the qualifications required of the position and on the extent your total submission package demonstrates that you possess the knowledge, skills, and abilities required of the position. Please be sure to give concrete examples of your experience and demonstrate the complexity of the knowledge you possess. OPM is required by law to review the executive qualifications of each new career appointee to the Senior Executive Service (SES) prior to appointment.
If you are currently serving under a career SES appointment, are eligible for reinstatement into the SES, or have successfully completed a SES Candidate Development Program and been certified by OPM, you MUST address the MTQs, but do not need to address the ECQs.
To be considered for this position, applicants must show evidence of experience related to the five (5) ECQs. Applicants must address the ECQs and MTQs. In addition to your resume, this additional documentation should demonstrate the necessary level of management skills, characteristics, qualities, specialized knowledge, and technical competence that would indicate successful performance in the SES. This evidence must include clear and concise examples that emphasize the applicant's level of responsibilities, scope, and complexity of programs managed, program accomplishments, policy initiatives, and level of contact. Copies of the OPM's "Guide to Senior Executive Service Qualifications" may be obtained via the Internet at
http://www.opm.gov/ses/references/GuidetoSESQuals_2012.pdf.
Applicants must address the ECQs and MTQs.
The resume should demonstrate the necessary level of management skills, characteristics, qualities, specialized knowledge, and technical competence that would indicate successful performance in the SES. This evidence must include clear and concise examples that emphasize the applicant's level of responsibilities, scope, and complexity of programs managed, program accomplishments, policy initiatives, and level of contacts.
Required Documents
To apply for this position, you must provide a complete Application Package which includes:
- Complete Resume
- ECQ Narratives (Not to exceed 10 pages)
- MTQ Narratives (2 pages per MTQ)
- Recent SF-50 that shows Official Title, Salary, Grade Level, Status and (for current or former federal employees)
- Recent Performance Appraisal (for current or former federal employees)
- Provide certification of OPM QRB approval (for graduates of SES Candidate Development Programs)
- Transcripts
- Proof of active bar membership
- Other supporting documentation as required.
Applicants who fail to submit all information and documents (i.e., resume, and documents addressing the MTQs and ECQs) will not receive consideration for this position. You must send this information to CIVIL/OHR prior to the closing date of this announcement.
ECQ responses are not required for current or former career members of the SES. Indicate in your resume that you are a current or former member of the SES. You must submit responses to the MTQs, and submit a copy of the most recent SF-50 documenting your SES career appointment.
Applicants who have completed the CDP and have had their ECQs certified by OPM must provide a copy of their certificate as part of their application. SES CDP graduates must also submit responses to the MTQs. Responses to the ECQs are not required for current SES or CDP graduates.
If you are relying on your education to meet qualification requirements:
Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education
(http://www.ed.gov/admins/finaid/accred/).
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.
Next Steps
A panel of senior executives will distinguish the best-qualified candidates from other applicants based on a review of each applicant's ECQs, as appropriate, and MTQs. Failure to meet all qualification requirements automatically disqualifies an applicant. Eligibility for this position will be based upon a clear showing that the applicant has experience, knowledge, skill, and ability of the scope and quality sufficient to effectively carry out the assignments of the position. The most highly qualified candidates will be referred to the hiring manager for further consideration and possible interview. If you are tentatively selected for appointment to this SES position, your ECQs must be approved by the Office of Personnel Management (OPM).
The Executive Core Qualifications (ECQs) of the selectee who is not a current or former career Senior Executive employee (Title V) must be approved by the Office of Personnel Management (OPM) before appointment. In addition, individuals entering the Senior Executive Service for the first time are subject to a one-year probationary period.
$135,468.00 to $203,700.00/year
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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.
Fair Chance to Compete for Jobs: Unless otherwise required by law, the Fair Chance to Compete for Jobs Act prohibits employees of the U.S. Department of Justice or a federal contractor acting on its behalf from inquiring about an applicant's criminal history record, either in writing or orally, before that individual receives a conditional offer of employment. Applicants who believe they have been subjected to a violation of the Fair Chance to Compete for Jobs Act, may submit a written complaint within 30 days of the date of the alleged non-compliance directly to the hiring office using the contact information listed in the announcement.
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.