Trial Attorney

Criminal Division (CRM)
Appellate Section
Attorney
Washington, DC
United States
23-CRM-APP-021
About the Office: 

Consider joining the DOJ Criminal Division. One of seven litigating Divisions in the Department, the Criminal Division investigates and prosecutes complex criminal matters and assists the 93 United States Attorney Offices in investigations, trials, and appeals. In addition to its direct litigation responsibilities, the Division formulates and implements criminal enforcement policy and provides advice and assistance in sensitive areas of law enforcement; advises the Attorney General, Congress, the Office of Management and Budget and the White House on matters of criminal law; provides legal advice and assistance to federal prosecutors and investigative agencies; and provides leadership for coordinating international as well as federal, state, and local law enforcement matters.

The Appellate Section plays a crucial role in defending the integrity and constitutionality of DOJ's investigations and prosecutions. Appellate Section attorneys write briefs and argue cases in the courts of appeals; prepare draft briefs and certiorari petitions for the Solicitor General (SG); make recommendations to the SG regarding whether further review is warranted when adverse decisions have been rendered; and brief and argue motions in district courts in cases of national importance.

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.

Job Description: 

As a Trial Attorney in the Appellate Section, the incumbent:

  • Handles criminal cases in the U.S. Courts of Appeals, including briefing and oral arguments. Cases include those prosecuted by U.S. Attorneys' Offices and other litigating sections in the Criminal Division.
  • Drafts briefs in merits cases before the Supreme Court, either as a party or an amicus, for the Solicitor General. This includes attending moot courts and oral arguments with attorneys from the Solicitor General's Office.
  • Writes memoranda recommending whether to seek further review of adverse decisions in criminal cases.
  • Drafts briefs for the Solicitor General in opposition to certiorari petitions in the Supreme Court.
  • Prepares and argues pleadings in significant district court cases.
  • Provides advice to Department leadership and U.S. Attorneys' Offices on a variety of complex substantive issues.
Qualifications: 

Required Qualifications: Interested applicants must possess a J.D. degree, be duly licensed and authorized to practice as an attorney under the laws of any State, territory of the United States, or the District of Columbia, and be an active member of the bar in good standing.

Grade Specific Qualifications:

  • To qualify at the GS-13 grade level, applicants must have at least one and a half (1.5) years of post J.D. legal experience, one of which was specialized experience at, or equivalent to, the GS-12 grade level. Examples of specialized experience include: performing basic legal analysis and formulating recommendations for senior managers; composing legal memoranda, reports, and position papers on legislative history, laws, regulations, and court opinions in support of civil or criminal litigation.
  • To qualify at the GS-14 grade level, applicants must have at least two and a half (2.5) years post J.D. legal experience, one of which was specialized experience at, or equivalent to, the GS-13 grade level. Examples of specialized experience include: performing legal analysis and formulating recommendations to senior managers; composing pleadings, briefs, and other court documents involving legal issues in civil or criminal litigation; and conducting civil or criminal litigation.
  • To qualify at the GS-15 grade level, applicants must have at least four (4) years post J.D. legal experience, one of which was specialized experience at, or equivalent to, the GS-14 grade level. Examples of specialized experience include: independently performing legal analysis; composing pleadings, briefs, and other court documents involving unique and/or difficult legal issues in civil or criminal litigation; conducting highly complex civil or criminal litigation; and leading paralegals and support staff.

Preferred Qualifications:

  • Ability to communicate clearly through well-organized and accurately written documents.
  • Ability to perform cogent and correct legal analysis on a variety of complex substantive issues.
  • Ability to provide legal advice to others.
  • Ability to manage a heavy legal case load.
  • Ability to argue persuasively in court.
Salary: 
The salary range for this position is $112,015.00 to $183,500.00 per annum, which includes locality pay. See OPM’s Web page at https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2019/DCB.pdf
Travel: 
Occasional domestic travel will be required.
Application Process: 

The Application Package must be received by 11:59 PM, Eastern Time, on the closing date of this announcement.

Please submit your application through USAJOBS. The list of required documents can be found in the USAJobs announcement.

  1. If you do not already have an account, please create a USAjobs account before applying Create an Account. You will be able to upload your resume and supporting documents and complete your profile prior to applying.
  2. Once you have an account, apply to the USAjobs vacancy: USAJOBS - Job Announcement

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.

Application Deadline: 
Friday, January 27, 2023
Relocation Expenses: 
Relocation expenses will not be authorized.
Number of Positions: 
Few
Updated January 13, 2023

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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.   

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.