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Trial Attorney (Detail to Appellate)

Department of Justice
Offices, Boards and Divisions
Civil Division, Appellate Section
This job announcement has closed

Summary

The Civil Division seeks Department attorneys to serve on nonreimbursable details to the Civil Division Appellate Staff beginning as early as March 9 and through September 30, with options to extend. The Appellate Staff represents the United States in a broad range of civil appellate litigation. The Appellate Staff handles appeals involving all of the subject-matter areas litigated by the Civil Division, including
appeals arising out of civil cases nationwide.

Overview

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Reviewing applications
Open & closing dates
02/14/2025 to 02/28/2025
Salary
$90,025 to - $162,672 per year

The salary range above does not include locality. If selected, locality will be included once your geographical area has been determined.

Pay scale & grade
GS 13 - 15
Location
Many vacancies in the following location:
Location Negotiable After Selection
Remote job
No
Telework eligible
Yes—as determined by the agency policy.
Travel Required
Occasional travel - You may be expected to travel for this position.
Relocation expenses reimbursed
No
Appointment type
Detail - This is a non-reimbursable detail NTE 9/30/25 with the option to extend.
Work schedule
Full-time
Service
Excepted
Promotion potential
15
Job family (Series)
Supervisory status
No
Security clearance
Top Secret
Drug test
Yes
Position sensitivity and risk
Special-Sensitive (SS)/High Risk
Trust determination process
Financial disclosure
Yes
Bargaining unit status
No
Announcement number
CIV-12691129-25-BLC
Control number
831611800

Duties

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Typical Appellate Staff cases include defending against constitutional challenges to Acts of Congress, Executive decisions, and national security programs; administrative challenges to agency rules and adjudications; tort claims against the United States; employment discrimination claims against the government; and claims against federal officers in their individual capacities for the alleged violation of a person's constitutional rights (Bivens claims).

In addition, the Appellate Staff represents the United States in certain types of affirmative litigation, such as consumer protection cases and False Claims Act suits to recover money fraudulently obtained from the U.S. treasury. The Appellate Staff handles a wide variety of counter terrorism and national security litigation, including challenges to enemy combatant detention and challenges to the designation of foreign terrorist organizations. Finally, the Appellate Staff also represents Executive Branch interests in separation-of-powers litigation.

The selectees will serve as Trial Attorney, personally briefing and arguing cases on behalf of the United States, federal agencies, and federal officials in the federal courts of appeals, as assigned; evaluating recommendations for appeal, rehearing, and certiorari in civil cases, and preparing appropriate recommendations to the Civil Assistant Attorney General and the Solicitor General; and assisting the Office of the Solicitor General in drafting Supreme Court filings on behalf of the United States in civil cases, as assigned.

This is not a remote location position. You will be required to work in person at an agency location on a full-time basis.

Requirements

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Conditions of employment

  • Must be a U.S. Citizen or National
  • Must complete a suitability review.
  • Selective Service Registration is required, as applicable
  • Must be able to obtain and maintain a Top Secret security clearance with eligibility for Sensitive Compartmented Information (SCI) access depending on organizational assignment / duty location.
  • It is the policy of the Department to achieve a drug-free workplace.

Qualifications

Applicants must possess a J.D. degree or equivalent, be an active member of the bar (any jurisdiction), have at least one year of post-JD legal experience, be a current Department of Justice Attorney and a U.S. citizen. Applicants should also have excellent academic credentials and outstanding advocacy and legal writing skills. Experience drafting and arguing motions, handling discovery, taking, and defending depositions, developing expert witness testimony, and trying cases are highly desirable.

Under a detail assignment, there is no change to the selectee's base pay. The position will be filled at the employee's current grade level.

This is a national security position that is subject to a current background investigation. The position requires that the detailee be eligible for Top Secret clearance. The detailee does not need to have a current clearance, but, if a clearance is required, the proper background investigation must have been completed.

Education

All academic degrees and coursework must be completed at a college or university that has obtained accreditation or pre-accreditation status from an accrediting body recognized by the U.S. Department of Education. For a list of schools that meet this criteria, see www.ed.gov.

OR

Education completed in foreign colleges or universities may be used to meet the above education requirements if you can show that the foreign education is comparable to that received in an accredited educational institution in the United States. It is your responsibility to timely provide such evidence by submitting proof of creditability of education as evaluated by a credentialing agency with your application materials. More information may be found at https://www2.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html.

All documentation must be in English or include an English translation. https://www2.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html.

Additional information

Veteran Preference: If you are entitled to or claim veterans' preference (VP), you should indicate the type of veteran preference (5 or 10 points) you are claiming on your resume. In order to determine your eligibility, you can find additional information at: http://www.opm.gov/policy-data-oversight/veterans-services/vet-guide/.

There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD-214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. 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 Veterans' Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdffor a copy of SF-15, which lists the types of 10-point preferences and the required supporting document(s).

Reasonable Accommodation Statement: Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Applicants requiring reasonable accommodation for any part of the application and hiring process should contact the hiring agency directly. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

Schedule A: DOJ welcomes and encourages applications from persons with disabilities and is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973 to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department. DOJ also encourages eligible Schedule A applicants to submit their resumes to resume@benderconsult.com, and reference "Federal Career Opportunities" in the subject line. Additional information is found at: www.benderconsult.com.

Selective Service: If you are a male applicant born after December 31, 1959, you must certify that you have registered with the Selective Service System, or are exempt from having to do so under the Selective Service Law. Additional information is found at: www.sss.gov.

Fair Chance to Compete for Jobs: Unless otherwise required by law, the Fair Chance to Compete for Jobs Act prohibits employees of the U.S. Department of Justice or a federal contractor acting on its behalffrom inquiring about an applicant's criminal history record, either in writing or orally, before that individual receives a conditional offer of employment. Applicants who believe they have been subjected to a violation of the Fair Chance to Compete for Jobs Act, may submit a written complaint within 30 days of the date of the alleged non-compliance directly to the hiring office using the contact information listed in the announcement.

How you will be evaluated

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

You will be evaluated for this job based on how well you meet the qualifications. Your application will be evaluated by a reviewing panel.

Please Note: The Selecting Official may select additional candidates if more positions become available within 120 days after the closing date of the vacancy.

This announcement is intended to provide readily available applicants for detail positions within the Appellate Staff, Civil Division. Multiple positions may be filled from this announcement. We will accept applications through February 27, 2025. Two candidate lists will be generated: one on 2/21 and the second on 2/28. Qualified applicants will be reviewed and referred to Management.

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