Closing Date: 24th September, 2025
Description:
Duties DescriptionThe Office of Mental Health (OMH) is recruiting to fill the position of Senior Attorney, M-1/Assistant Attorney 1/2/3, NS, in the Office of Counsel, Bureau of Litigation. The Bureau of Litigation provides support and legal advice on general litigation issues and provides legal advice and support to counsel, executive staff, and agency personnel to resolve ongoing litigation and minimize potential litigation exposure. Specific duties to be performed include, but are not limited to, the following:
Defend OMH and its facilities in administrative hearings (and in court as applicable), including but not limited to Division of Human Rights (DHR) hearings, Equal Employment Opportunity Commission (EEOC) hearings and Workers' Compensation (WC) discrimination (retaliation) hearings.
Serve as liaison between the agency, and its officials and employees, and the Office of the Attorney General (OAG) or outside counsel concerning lawsuits and other legal matters being handled by the Office of the Attorney General or outside counsel.
Provide legal advice to OMH, its employees, and the OAG concerning lawsuits in federal and state court and the NYS Court of Claims.
Provide legal advice to facilities, Division of Forensics, and OAG regarding court applications for Article 9 retention and medication over objection, and also forensic court applications.
Respond to subpoenas.
Provide legal advice to OMH, its facilities, and to facility and program staff regarding legal issues that affect the agency.
Draft affidavits, declarations, motions, and related court papers.
Institute litigation holds via the eDiscovery system and send hold memoranda to agency staff. Perform email searches.
Perform other legal matters as assigned by the Deputy Counsel for Litigation and the General Counsel, as needed.
Minimum Qualifications
Defend OMH and its facilities in administrative hearings (and in court as applicable), including but not limited to Division of Human Rights (DHR) hearings, Equal Employment Opportunity Commission (EEOC) hearings and Workers' Compensation (WC) discrimination (retaliation) hearings.
Serve as liaison between the agency, and its officials and employees, and the Office of the Attorney General (OAG) or outside counsel concerning lawsuits and other legal matters being handled by the Office of the Attorney General or outside counsel.
Provide legal advice to OMH, its employees, and the OAG concerning lawsuits in federal and state court and the NYS Court of Claims.
Provide legal advice to facilities, Division of Forensics, and OAG regarding court applications for Article 9 retention and medication over objection, and also forensic court applications.
Respond to subpoenas.
Provide legal advice to OMH, its facilities, and to facility and program staff regarding legal issues that affect the agency.
Draft affidavits, declarations, motions, and related court papers.
Institute litigation holds via the eDiscovery system and send hold memoranda to agency staff. Perform email searches.
Perform other legal matters as assigned by the Deputy Counsel for Litigation and the General Counsel, as needed.
Minimum Qualifications
Non-Competitive Minimum Qualifications Under the NY HELPS Program: This position includes an opportunity to serve in a traineeship and applicants will be appointed to appropriate level based on their experience, certification, and education. Candidates who have graduated from law school and who possess credentials and experience less than that described below will be required to serve in a traineeship leading to Senior Attorney, M-1. The length of the traineeship will be determined by the credentials and experience possessed by a candidate as shown below. If you are not admitted to the NYS Bar within two years of appointment, your appointment will be terminated.
Assistant Attorney 1, NS = 18 (starting salary $67,119): Law school graduation and/or eligibility for NYS Bar Admission
Assistant Attorney 2, NS = 20 (starting salary $74,325): Admission to New York State Bar
Assistant Attorney 3, NS = 22 (starting salary $82,542): 12 months as an Assistant Attorney 2, or Admission to the NYS Bar and 12 months of subsequent satisfactory legal experience
Senior Attorney, M-1 (starting salary $93,659): 12 months as an Assistant Attorney 3, or Admission to the NYS Bar and 24 months of subsequent satisfactory legal experience
Transfer Opportunity:
Candidates must have one year of permanent competitive or 55b/c service as a Senior Attorney and be eligible for later transfer; OR be eligible to transfer via Section 70.1 of the Civil Service Law by having one year of permanent competitive or 55b/c service as an Assistant Attorney 1, NS; Assistant Attorney 2, NS; Assistant Attorney 3, NS; Senior Attorney (Realty), G-25; or Senior Attorney, Grade 25/M-1.
55b/c Opportunity:
Individuals certified eligible for the 55b/c program under the Governor's Program to Hire Persons/Veterans with Disabilities pursuant to Section 55b/c of the Civil Service Law who are a graduate of an accredited law school with an LLB or JD degree will also be considered. Please provide a copy of your eligibility letter with your response.
Transfer or 55b/c candidates must be admitted to the New York State Bar Association, be licensed to practice law in New York State, and have two years of post-Bar legal experience to be appointed to Senior Attorney, M-1. Transfer or 55b/c candidates who have graduated from law school and who possess credentials and experience less than that described above will be required to serve in a traineeship leading to Senior Attorney, M-1.
Assistant Attorney 1, NS = 18 (starting salary $67,119): Law school graduation and/or eligibility for NYS Bar Admission
Assistant Attorney 2, NS = 20 (starting salary $74,325): Admission to New York State Bar
Assistant Attorney 3, NS = 22 (starting salary $82,542): 12 months as an Assistant Attorney 2, or Admission to the NYS Bar and 12 months of subsequent satisfactory legal experience
Senior Attorney, M-1 (starting salary $93,659): 12 months as an Assistant Attorney 3, or Admission to the NYS Bar and 24 months of subsequent satisfactory legal experience
Transfer Opportunity:
Candidates must have one year of permanent competitive or 55b/c service as a Senior Attorney and be eligible for later transfer; OR be eligible to transfer via Section 70.1 of the Civil Service Law by having one year of permanent competitive or 55b/c service as an Assistant Attorney 1, NS; Assistant Attorney 2, NS; Assistant Attorney 3, NS; Senior Attorney (Realty), G-25; or Senior Attorney, Grade 25/M-1.
55b/c Opportunity:
Individuals certified eligible for the 55b/c program under the Governor's Program to Hire Persons/Veterans with Disabilities pursuant to Section 55b/c of the Civil Service Law who are a graduate of an accredited law school with an LLB or JD degree will also be considered. Please provide a copy of your eligibility letter with your response.
Transfer or 55b/c candidates must be admitted to the New York State Bar Association, be licensed to practice law in New York State, and have two years of post-Bar legal experience to be appointed to Senior Attorney, M-1. Transfer or 55b/c candidates who have graduated from law school and who possess credentials and experience less than that described above will be required to serve in a traineeship leading to Senior Attorney, M-1.
