Duties

Summary

The Section seeks a Supervisory Trial Attorney (Deputy Chief) to manage attorneys and professional staff in the Section's Disability Practice Group. The Disability Practice Group works to ensure that people with disabilities who are served in the public health system are not subjected to unnecessary institutionalization in violation of the Americans with Disabilities Act, and that their federal constitutional and statutory rights are protected in publicly run residential facilities.
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Responsibilities

The Deputy Chief will be dedicated to the Section's work pursuant to the Health Care Fraud and Abuse Control Program, which includes 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), and the federal and statutory rights of individuals with disabilities in publicly run residential institutions through the Civil Rights of Institutionalized Persons Act, 42 U.S.C. §1997.

The Deputy Chief will be responsible for duties such as, but not limited to:

• supervising sensitive and complex investigations, litigation, and negotiations. In particular, the Deputy Chief will supervise: screening and development of new matters; comprehensive investigations involving in-person visits, witness interviews, experts, data analysis, and preparation of written recommendations, legal analyses, and proposed findings; the negotiation, monitoring, and enforcement of settlement agreements; and complex litigation involving extensive discovery, pretrial motions practice, preliminary injunction hearings, trials, and post-judgment enforcement and contempt proceedings;
• reviewing, editing, and approving extensive written work product;
• supervising and mentoring attorneys and other Section staff;
• working with the Section Chief and management team to develop or revise, and implement, strategies and enforcement priorities;
• coordinating with other federal agencies to ensure effective and efficient information sharing and case referral;
• supervising and conducting outreach activities, including conference presentations, to individuals affected by the work of the Section; and
• 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.

Travel Required

Occasional travel - You may be expected to travel for this position.

Supervisory status
Yes

Promotion Potential
None

Requirements

Conditions of Employment

• Must be a U.S. Citizen or National
• All male applicants born after 12/31/1959 must have registered for the selective service. If selected, the applicant must sign a statement certifying his registration, or the applicant must demonstrate exempt status under the Selective Service Law.
• You may be required to complete a pre-employment security screening to initiate your background investigation, which includes a drug screening. Continued employment is contingent upon successful completion and adjudication of your investigation.
• You must have a Juris Doctorate degree from a law school accredited by the American Bar Association and be a member in good standing of the bar of a state or territory of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
• DOJ uses E-Verify, an internet-based system, to confirm the eligibility of all newly hired employees to work in the United States. Learn more about E-Verify, including your rights and responsibilities, by visiting www.e-verify.gov/.

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 five years (5) 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's Disability Practice group or substantively similar laws, rules, and regulations; written and oral communication skills; the ability to analyze complex issues; skill and experience working collaboratively and productively with others; organizational skills; professional judgment; initiative; and the ability to excel in a fast-paced, demanding environment. Applicants must have the ability to motivate and engage employees; the skill to build relationships that create trust, open dialogue, and full transparency; the assertiveness to drive outcomes and overcome adversity; the capacity to create a culture of clear accountability; and the integrity to make decisions based solely on merit. In addition, applicants must have the ability to effectively supervise all aspects of difficult cases and materials; delegate responsibility to staff; handle several difficult or complex cases or matters at the same time; manage a significant docket and ensure that applicable deadlines are met; must have the ability to motivate and engage employees; mentoring skills; outstanding negotiation skills; 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 but not required: (1) extensive civil or criminal trial experience; (2) extensive federal civil or criminal litigation experience; (3) extensive experience with complex investigations; (4) extensive negotiation skills; (5) skill and experience identifying, developing, and implementing outreach efforts or public presentations; (6) ability to develop and implement effective advocacy strategies and balance competing priorities; and (7) substantive knowledge of the Americans with Disabilities Act's integration mandate, Medicaid, and other applicable law. Judicial clerkships (especially in federal court), 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.

Education

You must possess a J.D. degree.

Additional information

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, protected genetic information, pregnancy, status as a parent, or any other nonmerit-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 .

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 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.

How You Will Be Evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

Applicants will be evaluated based on interview performance, the qualifications set forth above, and other job-related skills, experience and qualifications consistent with merit system principles applicable to hiring for career positions with the Department of Justice.

Applicants who are selected for an interview may be asked to complete a short writing exercise, the results of which will be used when evaluating candidates for the position(s).

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).

Background checks and security clearance

Security clearance
Not Required

Drug test required
No

Position sensitivity and risk
High Risk (HR)

Trust determination process
Credentialing , Suitability/Fitness

Required Documents

The following documents are required for your application to be complete. Our office cannot be responsible for incompatible software, illegible fax transmissions, delays in mail service, your system failure or downtime, etc. Encrypted and digitally signed documents will not be accepted. Failure to submit required, legible documents may result in loss of consideration.

Cover Letter (highlighting relevant experience).

Resume - Applicants are encouraged to ensure work experiences clearly show the possession of knowledge of the subject matter pertinent to the position and the technical skills to successfully perform the duties of the position.

Law School Transcripts

Writing Sample - A brief or comparable analytic legal exposition that is your work product. (No more than 10 pages)

Assessment Questionnaire (you will be prompted to complete this when you apply online).

Schedule A Documentation (if applicable) - Schedule A letter from a physician, local, state or federal rehabilitation office citing your eligibility under 5 CFR 213.3102 (u). The date of your certification letter must be within three (3) years of the vacancy closing date and must be submitted with your application.

Current or Former Political Appointees (if applicable) - please note on your resume and attach an SF-50. The Office of Personnel Management (OPM) must authorize employment offers made to current or former political appointees. If you are currently, or have been within the last 5 years, a political Schedule A, Schedule C or Non-Career SES employee in the Executive Branch, you must disclose this information to the HR Office.

Veterans Preference Documentation (if applicable):

• If you are a discharged, non-disabled veteran, you must submit a copy of your DD-214 showing character discharge (Member 4 copy), or other Documentation of Service and Separation under Honorable Conditions. If you don't have your DD-214, you may request it after discharge from the National Archives at www.archives.gov/veterans.
• If you are a veteran within 120 days of discharge, you must submit signed documentation from the Armed Forces certifying: 1) your expected release/retirement from active duty, 2) under honorable conditions, 3) your pay grade/rank/rate at time of discharge, 4) dates of active duty service, 5) any campaign or expeditionary medals received, and 6) dated within 120 days of your separation.
• If you are a disabled veteran, Purple Heart recipient, or mother or spouse of a disabled or deceased veteran, you must submit a completed SF-15 http://www.opm.gov/forms/pdf_fill/SF15.pdf and all additional proof required by the SF-15, as applicable. If you don't have your Department of Veterans Affairs letter establishing proof of disability, you may request it at http://www.ebenefits.va.gov/ or call 1-800-827-1000.