Trial Attorney

Special Litigation Section
Attorney
Washington, DC 20530
United States
17-ATT-002
About the Office: 

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 (Section or SPL) is one of several Sections in the Civil Rights Division. SPL is seeking one or more experienced attorneys for the position of Trial Attorney. 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 ("ADA"), as interpreted by the Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999), by preventing unnecessary segregation of persons with disabilities in institutions such as mental health facilities, nursing facilities and other congregate settings through the provision of community based services. A particular area of focus may be on individuals who needlessly cycle through institutional facilities for individuals with disabilities and the criminal justice system. 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.

Job Description: 

The incumbent will be responsible for duties such as, but not limited to: (1) personally handling sensitive and/or complex investigations, litigation, and negotiations; (2) working with the Section Chief and management team to develop and establish strategies and priorities for HCFAC and Olmstead enforcement; (3) leading team members to coordinate with other federal agencies to develop strategies for effective and efficient information sharing and case referrals; and (4) conducting outreach. The incumbent will be responsible for screening and developing new matters, conducting comprehensive investigations involving in-person visits, witness interviews, and work with experts, analyzing data, drafting written recommendations including legal analyses, litigating all aspects of the Section's enforcement duties and negotiating, monitoring, and enforcing settlement agreements. Litigation associated with these investigations is typically complex, involving extensive discovery, pretrial motions practice, preliminary injunction hearings, trials, and post judgment enforcement and contempt proceedings.

Qualifications: 

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 one and a half (1.5) years of post-professional law degree experience. Applicants also must have demonstrated academic achievement; demonstrated substantive knowledge and expertise in the laws, rules and regulations applicable to the work of the section or substantively similar laws, rules, and regulations; demonstrated ability to handle effectively all aspects of difficult cases and materials with minimal supervision, and the ability to delegate responsibility to other staff; demonstrated ability to manage a significant docket, handle several difficult or complex cases and matters at the same time, and meet applicable deadlines; excellent written and oral communication skills; outstanding skill and experience working collaboratively and productively with others; excellent professional judgment; demonstrated initiative; and the ability to excel in a fast-paced, demanding environment, and 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: (1) civil or criminal trial experience; (2) federal civil or criminal litigation experience; (3) experience with complex investigations; (4) skill and experience identifying, developing, and implementing outreach efforts or public presentations; (5) demonstrated sound professional judgment, including the ability to develop and implement effective advocacy strategies and balance competing priorities; and (6) substantive knowledge of Olmstead, Medicaid, and other applicable law. Judicial clerkships, law review, moot court, clinical experience, and skills and experience working cooperatively and productively with a range of people, such as charging parties, witnesses, respondents, 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.                                                

Salary: 
GS 13-15 ($92,145.00 to $160,300.00 / Per Year)
Travel: 
Occasional Travel - Travel may be required 2-4 nights each month as well as holidays and weekends. If a case goes to trial, extensive travel may be required.
Application Process: 

The complete Application Package must be submitted by 11:59 p.m. (Eastern Time Zone) on Thursday, December 22, 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 http://www.usajobs.gov/GetJob/ViewDetails/458087900

Application Deadline: 
Wednesday, December 21, 2016
Relocation Expenses: 
Not Authorized
Number of Positions: 
1
Updated December 6, 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.