Legal Careers
Special Litigation Counsel
Washington, DC 20004 - United States
The Civil Rights Division (Division) of the Department of Justice, created by the enactment of the Civil Rights Act of 1957, works to uphold the civil and constitutional rights of all Americans, particularly some of the most vulnerable members of our society. The Division is primarily responsible for enforcing federal statutes and executive orders that prohibit, among other things, unlawful discrimination in education, employment, housing, police service, public accommodations and facilities, voting, and federally funded and conducted programs. The Division also has jurisdiction to enforce constitutional prohibitions on certain conduct by law enforcement agencies and public residential institutions, such as health care and correctional facilities.
The Special Litigation Section (SPL or Section) is one of several Sections in the Civil Rights Division. SPL is seeking an experienced attorney for the position of Special Litigation Counsel. The attorney selected for this position will be dedicated to the Section's work pursuant to the Health Care Fraud and Abuse Control ("HCFAC") program, with an emphasis on the Section's matters that seek to enforce compliance with the integration mandate of the Americans with Disabilities Act, as interpreted by the Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999). More specifically, most of the incumbent's work will be devoted to investigating, negotiating, and litigating matters involving the unnecessary segregation or the risk of unnecessary segregation of individuals with disabilities in institutions. Most of the work involves allegations of patterns or practices of unlawful conduct.
Division offices are near metro transportation systems or other public transportation, and are conveniently accessible to restaurants, museums and other D.C. area attractions. Most jobs in the Division offer alternative work schedules and other family friendly opportunities are available. Most employees who commute by public transportation are provided transit subsidy benefits.
Additional positions may be filled from this vacancy announcement.
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 Attorney selected for this position will be responsible for duties such as, but not limited to: (1) supervising sensitive and/or complex investigations, litigation, and negotiations relating to SPL's work addressing the unnecessary institutionalization of individuals with disabilities; (2) reviewing, editing, and approving extensive written work product; (3) supervising and mentoring attorneys and other Section staff; (4) working with the Section Chief and management team to develop and establish strategies and priorities for SPL's work addressing the unnecessary segregation of individuals with disabilities; (5) coordinating with other federal agencies to develop strategies for effective and efficient information sharing; (6) supervising and conducting outreach activities; and (7) undertaking various administrative duties, including evaluating attorneys and staff and performing non-litigating assignments and special projects assigned by the Chief or other officials in the Division. The incumbent will be responsible for supervising: screening and development of new matters; comprehensive investigations involving in-person visits, witness interviews, experts, data analysis, and preparation of written recommendations and legal analyses; litigation involving all aspects of the Section's work addressing the unnecessary segregation of individuals with disabilities; the negotiation, monitoring, and enforcement of settlement agreements; and attorney and staff development. Litigation associated with the Section's investigations is typically complex, involving extensive discovery, pretrial motions practice, preliminary injunction hearings, trials, and post-judgment enforcement and contempt proceedings.
Required Qualifications:
Applicants must possess a J.D. from an American Bar Association accredited law school, be an active member of the bar in good standing (any jurisdiction), and possess a minimum of four (4) years of post-professional law degree experience. Applicants also must have strong demonstrated qualifications in the following areas: academic achievement; substantive knowledge and expertise in the laws, rules and regulations applicable to the work of the section relating to the Americans with Disabilities Act or substantively similar laws, rules, and regulations; ability to effectively supervise all aspects of difficult cases and materials, and the ability to delegate responsibility to staff; ability to manage a significant docket, handle several difficult or complex cases and matters at the same time, and ensure that applicable deadlines are met; editing, writing and oral advocacy skills; community outreach skills; skill and experience leading and working collaboratively and productively with others; mentoring skills; negotiation skills; professional judgment; initiative; and the ability to excel in a fast-paced, demanding environment. In addition, applicants must have outstanding professional references.
Preferred Qualifications:
Given the nature and volume of this work, the Section generally seeks candidates with significant litigation experience. Applicants with one or more of the following qualifications are preferred but not required: (1) civil or criminal trial experience; (2) federal civil or criminal litigation experience; (3) experience with complex investigations; (4) knowledge of the Medicaid Act, Olmstead, and other applicable law; (5) negotiation skills; (6) skill and experience identifying, developing, and implementing outreach efforts or public presentations;(7) ability to develop and implement effective advocacy strategies and balance competing priorities; and (8) supervisory experience. Judicial clerkships (especially in federal court), law review, moot court, clinical experience, and skill and experience working cooperatively and productively with a range of people, including individuals from disadvantaged or disenfranchised groups, opposing counsel, judicial or administrative officials, advocacy groups, law enforcement personnel, and the staff of other federal or state governmental agencies, are also preferred.
The complete Application Package must be submitted by 11:59 p.m. (Eastern Time Zone) on Friday, January 08, 2016.
To apply for this position, you must provide a complete Application Package, which includes:
1. Cover Letter
2. Résumé
3. A complete Occupational Questionnaire
4. Writing sample of no more than ten pages (a brief or comparable analytic legal exposition that is your work product)
5. Veterans' Preference Documentation, if applicable
6. Sch A documentation, if applicable
To apply for this position, see page at https://www.usajobs.gov/GetJob/ViewDetails/424042500.
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 conflicts of interest or disqualification issues that may need to be addressed under those circumstances.
GS-0905 15 - $126,245.00 to $158,700.00 / Per Year
Department Policies
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.
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.
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.
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.
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.
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).
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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