Overview

THE STARTING SALARY FOR A NEW HIRE TO THIS POSITION IS LIMITED TO THE RECRUITMENT SALARY RANGE OF $ 75, 650 to $ 81,069. Salary offers are based upon the candidate’s education and experience related to the position, as well as departmental budget and equity considerations.

This position represents the State of North Carolina in court and provides legal advice and representation to most state government departments, agencies, officers, and commissions. The Department also represents the State in criminal appeals from state trial courts, and brings legal actions on behalf of the state and its citizens when the public interest is at stake.

This position is not subject to the Fair Labor Standards Act. This position is located in the Human Services/Medical Facilities section of the Department of Justice.

The primary purpose of this position is the representation of Cherry Hospital and other DHHS facilities within the Hospital’s catchment area, including O’Berry Neuromedical Treatment Center, Caswell Developmental Center, and Walter B. Jones Alcohol and Drug Abuse Treatment Center. This attorney represents the State’s interests at involuntary commitment hearings before the district court and in cases where patients are found not guilty by reason of insanity, represents the State’s interests in superior court.

Because of the variety of legal issues with which patients, residents and clients of the facilities named above, this attorney must possess a thorough knowledge of the North Carolina law of guardianship, estates, divorce and separation, liens, powers of attorney, confidentiality of health information, as well as excellent litigation and negotiation skills.

This attorney represents the State before the Office of Administrative Hearings, and in the superior and appellate courts in all personnel cases, which arise out of the mental health facilities and other facilities in the Cherry Hospital catchment area. The attorney also represents the interests of multiple State health care facilities in incompetency hearings, as needed.

The attorney handles appeals before the Court of Appeals and Supreme Court of cases arising from their duties at the Hospital and on criminal appeals as assigned by the appellate section. This attorney is the primary legal advisor to the Hospital CEO and other hospital personnel on any legal question that arises at the Hospital, as well as other DHHS facilities in the catchment area.

This attorney must act independently of the section head because of the satellite location. Likewise, because of the satellite location, this attorney handles a broad range of issues and litigation with minimum supervision.

This position will participate in the agency legal services criminal brief rotation.

Thorough knowledge of case, statutory, regulatory, and common law. Thorough knowledge of judicial and quasi-judicial procedures. Ability to conduct complex civil or criminal litigation in trial or appellate courts. Ability to interpret and apply laws, constitutional provisions, statutes, administrative regulations, and court decisions. Ability to analyze facts, evidence, and legal instruments. Ability to express conclusions and arguments clearly and logically in oral and written form. Ability to determine issues in various cases. Ability to analyze complex legal problems and render formal opinions. Ability to establish and maintain effective working relationships. Ability to creatively develop case strategy and tactics.

The attorney is called upon to independently conduct litigation in the administrative, trial, and appellate courts of the State and also in the Federal court system. With litigation in such diverse court systems and districts, a thorough understanding of administrative and judicial procedures, local rules of court, and Federal and State Rules of Civil Procedure is necessary. In addition, the attorney must be able to interpret and apply statutes and court decisions, analyze facts, evidence and legal documents, determine their significance, decide what further evidence and witnesses may be necessary and draft all legal documents necessary to the litigation.

Licensed to practice law by the North Carolina State Bar and one year of 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.

Management preferences: Management prefers prior litigation experience, experience in a hospital setting.

Computer literacy is an important component of all DOJ jobs, we encourage you to apply electronically. All applicants must complete and submit a State application for employment using the NEOGOV Online Job Application System (http: www.oshr.nc.gov/jobs/) for the State of North Carolina.

To receive credit for your work history and credentials, you must list the information on the online application form. Any information not included on the application form cannot be considered for qualifying credit. Embedded or attached resumes are not accepted as a substitution for a completed application.

Credit for foreign degrees will only be given if verification of degree certification is attached. Transcripts for foreign degrees have to be evaluated by an organization like World Education Services to determine US equivalency.

Any licenses or certificates must be included in the appropriate section of the application form.
Applicants seeking Veteran’s Preference must attach a copy of their DD-214 or discharge orders.

The NC Department of Justice is an Equal Opportunity Employer. The NC Department of Justice uses Merit-Based Recruitment to select from among the most qualified applicants to fill positions subject to the State Human Resources Act. Once the position has been filled, all on-line applicants will be notified via the e-mail provided at the time of application.

CONTACT INFORMATION:
NC Department of Justice
Human Resources Office
Lisa Sasser, Recruitment Specialist
114 W. Edenton Street
Raleigh, NC 2760

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