Closing Date: 8th April, 2024

Description:

Not sure you meet all listed requirements? Let our team take a look. Research shows that women and members of other under-represented groups tend to not apply to jobs when they think they may not meet every qualification. We are committed to creating a diverse and inclusive environment and strongly encourage you to apply.

The purpose of the Public Safety Section of the Department of Justice is to provide a full range of legal services to the North Carolina Department of Public Safety (“DPS”) and the North Carolina Department of Adult Correction (“DAC”). These services include defending DPS, DAC, and/or its personnel in civil rights actions, employment actions, and other litigation; providing contract, policy, and document review; and responding to requests for legal advice. Cases involving DPS and DAC occur at all levels of the state and federal judicial systems – from administrative proceedings through trials, and associated appeals. The breadth of the legal services provided by, and the legal issues addressed in, this position create the potential for a high volume of litigation handled by the attorney and the Section.

Lead Complex Case Attorney for the Public Safety Section—DPS will work on matters solely for the North Carolina Department of Public Safety (DPS). The primary purpose of this Attorney IV position is to provide advanced professional litigation services, advanced legal and factual analysis, and thoughtful, meaningful legal advice to mid-level, senior, and executive managers of DPS. This position will also serve as advisor to other attorneys in the complex and class action litigation matters in the areas of law enforcement and civil rights law and shares responsibility with several other attorney positions for providing all legal support services and such other duties as assigned.

As one of the largest state agencies, DPS houses the following Divisions: NC State Highway Patrol; NC Alcohol Law Enforcement Division (ALE); State Capitol Police; Juvenile Justice and Delinquency Prevention; Emergency Management, the North Carolina Office of Resiliency and Recovery, the North Carolina National Guard, and the Crime Victims Compensation Commission.

Represents Client Agency in Litigation
Conducts, independently or as a member of a litigation team, civil litigation in state administrative and trial courts, federal trial courts, and associated appellate courts in simple to very complex cases. Identifies legal issues, gathers and analyzes information, conducts factual research, analyzes the relevant law, and applies the relevant law to the factual information in the case setting. Develops, plans, and executes a legal strategy to achieve the desired case result. Investigates and drafts accurate factual and legal claims and defenses. Propounds meaningful discovery requests, reviews, analyzes, and responds to discovery requests, and conducts meaningful depositions. Possesses and employs sophisticated knowledge of evidentiary, procedural, and substantive law. Conducts persuasive arguments to judges and juries. Communicates effectively and cogently with client agency and counsel for adverse party to facilitate settlement of disputed claims. Identifies and analyzes compliance options for client agency. Drafts and negotiates consent orders and settlement documents.

Drafts Documents
  • Drafts pleadings, motions, orders, discovery requests and responses, and correspondence to comport with applicable law, agency rules and procedures, and the relevant rules of courts. Composes, edits, and coordinates independently the preparation of legal memoranda and other case support administrative correspondence to communicate information to client agency, court personnel, and opposing counsel. Assists client agency in drafting proposed legislation. Analyzes proposed legislation for impact to client agency and existing programs, and recommends amendments to existing legislation to further goals and mission of client agency.

Researches and Investigates
  • Performs legal research manually and electronically from various sources, including Lexis-Nexis, Department of Justice and other law libraries, and assorted web-based sites. Independently researches simple to very complex legal issues. Verifies current status of cited legal authority for research, memoranda, and briefs. Independently investigates accuracy of allegations contained in legal documents of adverse party. Collects documents and other information necessary to respond to allegations, and analyzes such collections for accuracy and relevance. Interviews potential witnesses, and obtains statements from defendants, witnesses, and experts to support the trial strategy and plan. Reviews proposed evidence, and analyzes and assimilates the data to support the trial strategy and plan.

Advises Client Agency
  • Researches all relevant source material and legal precedents, and provides legal advice to the client agency by means of formal and informal written opinions, training assistance, and policy review. In consultation with the Section Supervisor, provides recommendations to the client agency to improve its operational efficiency in order to reduce its exposure to liability.

Criminal Appeals and Non-litigation Matters
  • Reviews trial transcripts and other documents, researches legal issues identified in the record of appeal and defendant's appellate brief, and composes state's appellate brief in response. Conducts oral argument in Court of Appeals and Supreme Court. Responds to inquires from citizens, local and state government officials, and members of the General Assembly as assigned. Attends public hearings and legislative committee meetings as assigned.

Note to Current State Employees:
The salary grade for this position is LG09. State employees are encouraged to apply for positions of interest even if the salary grade is the same as, or lower than, their current position. Please detail ALL work history including non-state service experience. If selected for this position, a new salary will be recalculated taking into consideration the quantity of relevant education and experience, funding availability, and internal equity. Based upon these factors, a pay increase MAY or MAY NOT result.

The Starting Salary for a New Hire to This Position is Limited to $89,775 to $112,560. Client funded. Salary offers for the selected candidate are based on the candidate's education and experience related to the position, as well as our agency budget and equity.

The State of North Carolina offers employer-paid health insurance plus twelve paid holidays, generous vacation and sick leave accrual, dental, vision, and other insurance options, and retirement benefits. You can view our benefits information at Employee Benefits.

Hybrid telework opportunities are available for this position.

Knowledge, Skills and Abilities / Competencies:
  • Extensive knowledge of rules of evidence and procedure in both federal and state trial, administrative, and appellate courts.
  • Ability to organize and maintain records and files.
  • Familiarity with proper formats of legal documents.
  • Ability to communicate clearly, logically, and effectively in written and oral form.
  • High proficiency with Microsoft Office suites and case management database technology.
  • Ability to analyze and interpret statutes, case law, formal rules, policies and procedural guidelines.
  • Ability to use logical thinking skills to resolve problems and questions.
  • Ability to establish and maintain effective working relationships.
  • Command of and experience in applying collaborative methods in an active team litigation and operational environment.

Minimum Education and Experience Requirements:
Some state job postings say you can qualify by an “equivalent combination of education and experience.” If that language appears below, then you may qualify through EITHER years of education OR years of directly related experience, OR a combination of both. See oshr.nc.gov/experience-guide for details.

Licensed to practice law by the North Carolina State Bar and four 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.