North Carolina Department of Justice Raleigh, NC, USA
Oct 17, 2019Full time
Description of Work THE STARTING SALARY FOR A NEW HIRE TO THIS POSITION IS LIMITED TO THE RECRUITMENT RANGE OF $ 84,728 to $ 114,000. Salary offers are based upon the candidate's education and experience related to the position, as well as departmental budget and equity considerations. The North Carolina Department of Justice, led by the Attorney General of North Carolina, represents the State of North Carolina in court and provides legal advice and representation to most state government departments, agencies, officers, and commissions. The Department also represents the State in criminal appeals from state trial courts, and brings legal actions on behalf of the state and its citizens when the public interest is at stake. This position has primary responsibility for an advanced level of legal work, independently representing and advising the Section's clients in the implementation of the State's air and water quality programs, including programs delegated and approved by the United States Environmental Protection Agency under the Federal Clean Air Act and the Federal Clean Water Act, and in the implementation, administration and enforcement of State and Federal fisheries management laws. This position will also advise and represent the DEQ Division of Water Resources in its implementation of the Coal Ash Management Act. This position may be called upon to perform work in other sections within the Environmental Division. Civil and Administrative Litigation Independently represents the clients in all levels of civil litigation before State and federal courts, and before the North Carolina Office of Administrative Hearings; may also appear before other boards, agencies or commissions on behalf of the client agencies in regulatory matters that may result in litigation. The nature of the representation is varied, and may include enforcement proceedings, defending permitting decisions and other final decisions of the client agencies, challenging and supporting federal regulations that impact the clients' regulatory programs, seeking injunctive and declaratory relief and representing the clients when such relief is requested against them. This attorney will be expected to work directly with client representatives to gather all information necessary to understand the factual and legal issues in each case, and to review documents and interview individuals involved to effectively represent the client. The cases handled by this attorney involve regulatory control over matters affecting the public health, safety and welfare, and the attorney is expected to objectively evaluate each case assigned. The attorney should raise any concerns regarding the representation with the Section Chief and Division Head. Litigation strategies are developed by this attorney. The attorney is expected to make all key litigation decisions in consultation with the client, and to recognize when litigation strategies should be discussed with the Section Chief and Division Head. The attorney must prepare and respond to discovery, conduct and defend depositions of fact and expert witnesses, prepare witnesses for testifying at depositions and before various tribunals, organize evidence, conduct legal and factual research, prepare and file legal documents (pleadings, motions, briefs, posttrial motions, etc.), prepare records on appeal, argue motions, appeals, engage in formal and informal mediation, and try cases. The attorney must also provide clear direction to other attorney members of litigation teams, to paralegals and program assistants, and utilize their services as appropriate. The attorney is expected to maintain good working relationships with all employees. The subject matter involved in representation is complex, and requires an understanding of the clients' programs, State and federal statutory, regulatory, and case law, as well as an understanding of the unique procedural rules of the various tribunals before which the attorney may appear. The attorney is expected to develop and maintain subject matter expertise in the state and federal environmental laws that impact the clients' programs. Additionally, the attorney is expected to develop and maintain expertise in matters pertaining to legal representation, such as civil procedure, e-discovery, legal research databases, legal ethics, and rules of courts. Responds to Inquiries from Client, the Public and Officials The attorney in this position responds to inquiries from the clients, the general public and public officials involving legal interpretation and application of statutes, rules and regulations to specific factual situations and as related to general policies and procedures, by conducting legal research and rendering opinions based on this research. The attorney must have the capability to research and respond to more complex issues. Contact with senior government officials and members of the General Assembly is required. Prepare and Argue Criminal Appellate Cases The attorney in this position will be expected to represent the State in criminal cases on appeal from the Superior Court Division. These cases will involve complex issues of North Carolina criminal law as well as State and federal constitutional law, and may involve cases of first impression. This position is not subject to the Fair Labor Standards Act. Knowledge, Skills and Abilities / Competencies Thorough knowledge of environmental case, statutory, regulatory and common law is preferred, with an additional emphasis on State and federal requirements for the protection of water quality, administrative and criminal law. Thorough knowledge of judicial and quasi-judicial procedure is necessary. The attorney must possess the ability to: conduct civil or criminal litigation in trial and appellate courts; interpret and apply laws, constitutions, statutes, regulations, court decisions, legal principles and other precedent; analyze facts, evidence, legal principles and legal instruments; express arguments and conclusions clearly and logically in oral and written form; recognize significant issues and creatively develop strategy and tactics in cases; analyze legal problems and render informal and formal opinions; and establish and maintain effective working relationships. Minimum Education and Experience Requirements Licensed to practice law by the North Carolina State Bar and three years of progressively responsible professional legal experience. NOTE: GS 114-2 and 114-6 make it the duty of the Attorney General of NC to represent the State of North Carolina in all litigation unless another statute specifically states otherwise. Supplemental and Contact Information Computer literacy is an important component of all DOJ jobs, we encourage you to apply electronically. All applicants must complete and submit a State application for employment using the NEOGOV Online Job Application System ( http://www.oshr.nc.gov/jobs/ ) for the State of North Carolina. To receive credit for your work history and credentials, you must list the information on the online application form. Any information not included on the application form cannot be considered for qualifying credit. Embedded or attached resumes are not accepted as a substitution for a completed application. Any licenses or certificates must be included in the appropriate section of the application form. Applicants seeking Veteran's Preference must attach a copy of their DD-214 or discharge orders. The NC Department of Justice is an Equal Opportunity Employer. The NC Department of Justice uses Merit-Based Recruitment to select from among the most qualified applicants to fill positions subject to the State Human Resources Act. Once the position has been filled, all on-line applicants will be notified via the e-mail provided at the time of application. CONTACT INFORMATION: NC Department of Justice Human Resources Office Lisa Sasser, Recruitment Specialist 114 W. Edenton Street Raleigh, NC 27603919-716-6490 Remember to say you found this opportunity at EnvironmentalCareer.com !