Clarification from the agency

Applications will be accepted from current CFTC employees and CTAP eligibles.

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This position is located in the Office of the General Counsel (OGC), Litigation, Enforcement and Adjudication Branch. The Litigation, Enforcement and Adjudication Branch represents the Commission in the U.S. Courts of Appeals, District Courts, Bankruptcy Courts, and various administrative bodies. OGC Litigation staff represents the Commission principally in challenges to agency actions under the Administrative Procedure Act, appeals of CFTC enforcement actions, subpoenas directed to the CFTC, derivatives-industry bankruptcies, and as amicus curiae in a range of matters. The Branch also advises the Commission in the review of decisions issued by the Office of Proceedings.  As an attorney in the Litigation, Enforcement and Adjudication Branch, you will be responsible for:

• Developing case strategy, briefing and arguing cases in the federal district courts and courts of appeals in which the Commission is a party or amicus.
• Researching and analyzing applicable statutes, regulations, and case law involving complex and sometimes novel legal theories and advising the Commission of the same.
• Performing substantive review, on behalf of the Office of General Counsel, of litigation or proposed settlement of litigation proposed by the Division of Enforcement under the CEA and CFTC Regulations.
• Drafting memoranda and proposed orders recommending disposition of appeals from the Office of Proceedings.
• Handling subpoenas issued to the Commission for document production and testimony.
• Representing the agency in labor matters, including issues arising under the collective bargaining agreement or in the Federal Service Impasses Panel or the Federal Labor Relations Authority. 
• Representing the agency in employment matters, including matters before the Equal Employment Opportunity Commission or the Merit Systems Protection Board. 

Conditions of employment

• U.S. Citizenship
• Favorable Background/Security Investigation
• Males born after 12-31-1959 must be registered for Selective Service
• May be subject to a two-year trial period.
• You must be an active member of the bar in good standing.

Applicants are responsible for citing minimum qualifications such as JD and/or LLM equivalent and Bar membership information (institution name, state for bar, and dates) on their respective resumes. Failure to supply details will result in an incomplete application.

Qualifications

To qualify for the CT-15, applicants must possess all of the following:

• Juris Doctor (J.D.); and
• Active membership of the bar in good standing in any state, territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. (Note: proof of bar membership will be required before entry on duty); and
• Five years of relevant legal experience after completion of law school.

Relevant legal experience is defined as attorneys, law clerk, or other legal experience which was obtained after graduation from a law school. Legal and non- legal experience gained in the Federal government or private sector prior to completing a law degree cannot be used to satisfy the legal experience requirement. Work while in law school does not count.

Qualifying experience may include: Mastery of the field of law and expert knowledge of the controlling statutes, and case law pertaining to the subject-matter of assigned particular issues sufficient to conduct research into extremely complex legal issues and to develop new legal theories and opinions which may alter the state of the law in the particular area or expand the charter of the agency.

How you will be evaluated

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

This job is being filled under a Schedule A hiring authority 5 C.F.R. § 213.3102 and is excepted from the competitive civil service. You will be evaluated and deemed either eligible or ineligible based on the relevance and quality of your experience and education, bar membership, and desired qualifications described above. 

Veterans' Preference: These positions are not covered by the usual civil service hiring procedures. There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Commodity Futures Trading Commission considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must indicate their preference in response to the appropriate question in their assessment questionnaire (it is also recommended that information is included in their cover letter or resume) and they must submit supporting documentation (e.g., DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) which verifies their eligibility for preference. 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, http://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 non-service-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).

Your resume will be referred to the selecting official if you have submitted a complete application package to include resume, bar membership details, and any applicable transcripts. This does not mean you are considered qualified for the position. A qualification analysis will be conducted by the HR Specialist to ensure the selectee meets all requirements, including education and minimum qualifications listed on the vacancy announcement. A complete application package is required to be considered qualified and eligible for selection. Please review the "Requirements" section of the vacancy announcement to understand the list of require documents for a complete application package. Additional information may be requested later in the recruitment process.