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.
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.
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.
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.
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
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
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.