Closing Date: 28th May, 2024

Description:

The Civil Rights Section of the Litigation Division of the A Government Entity seeks two attorneys to represent state employees, state agencies, school districts and universities in civil rights litigation. These positions are located in Salt Lake City but a hybrid telework schedule is available.

The Civil Rights Section defends complex and cutting-edge civil rights litigation against state entities and their employees. In Civil rights attorneys also collaborate with state agencies' and educational institutions' counsel, train state employees about the constitutional limits on their jobs, advise clients on changes to policies and practices to ensure compliance with federal civil rights mandates, and occasionally collaborate with state-level decision-makers when policies implicate constitutional concerns.

The successful applicants should anticipate litigating novel claims, in areas such as the First Amendment, Title IX, state constitutional law , and qualified immunity. A typical civil rights caseload is predominantly motion practice and requires sophisticated legal writing skills to persuasively argue for dismissal and summary judgment in federal court. Typical cases include defense of universities and school districts in Title IX and ADA claims; defense of corrections officers in Eighth Amendment claims; defense of Utah Highway Patrol Troopers in Fourth Amendment excessive force and illegal search and seizure cases; and defense of other agencies and their employees in First Amendment, Equal Protection, and Due Process claims and other complex litigation matters.

The successful applicants must have the experience and ability to immediately assume primary responsibility for litigating civil rights cases in federal court with minimal supervision. At least five years' litigation experience is preferred, with at least some federal court experience. Candidates with two to three years of litigation experience may be considered if combined with a judicial clerkship(s) or work experience, publication, or other demonstrated interest in or experience in civil rights issues. Knowledge of federal and state civil litigation, and the substantive and procedural elements of litigating federal constitutional claims brought pursuant to 42 U.S.C. 1983, Title IX and the Americans with Disabilities Act is also preferred.

Applicants must have the desire and ability to present complex cases to judges and to juries. Membership in good standing in the Utah State Bar, or qualification for practice pending admission to the Utah Bar under Utah Supreme Court Rule of Professional Practice14-809, is required. Some travel is required as incumbents will need to represent their clients in civil litigation and other legal proceedings throughout the state.

As part of this application process, you must upload your resume and a writing sample into your application profile.

Example of Duties:

Prepare cases for trial by conducting legal research, gathering evidence, prepare all pretrial documents (motions in limine, jury instructions, etc.), making opening statements, conduct direct and cross-examinations, and make closing arguments.
Provide consultation, make recommendations, give appropriate advice to client agencies.
Determine discovery needs, conduct depositions, complete written discovery; participate in strategy sessions to prepare case for trial, determine evidence to use and how to present.
Write/draft motions, court briefs, correspondence, reports, memoranda, etc.
Represent the State and client agencies in lawsuits and administrative proceedings.
May be required to travel to various locations and stay overnight.

Typical Qualifications:

(includes knowledge, skills, and abilities required upon entry into position and trainable after entry into position)

communicate information and ideas clearly and concisely in writing; read and understand information presented in writing
read, interpret, and apply laws, rules, policies and procedures
speak clearly, concisely, and effectively; listen to, and understand information and ideas presented verbally
knowledge of legal processes and procedures
knowledge of applicable laws, rules, regulations, policies, and procedures; including state and federal case law and knowledge of bankruptcy law
understand and apply case law and statutory law
use logic to identify and analyze underlying principles, reasons, and facts to draw correct conclusions
perform legal research using appropriate techniques and systems
make decisions or solve problems using logic to identify key facts, explore alternatives, and propose quality solutions
conduct settlement negotiations and arrive at suitable terms when appropriate and advisable
relate to people in sensitive, tactful and professional manner
provide consultation and expert advice in team settings
knowledge of Rules of Evidence
knowledge of principles of judicial and administrative law
knowledge of electronic document preparation and electronic document management and work systems (including MS Office, Adobe, other)