Trial Attorney (Appellate)

Full Job Description

The Civil Division of the United States Department of Justice is seeking several junior attorneys for multiple positions in the Appellate Staff, located in Washington, DC.

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 handled by the United States Attorneys nationwide.

Applicants must possess a J.D. Degree (or equivalent), be an active member in good standing of the bar (any U.S. jurisdiction), and be a U.S. citizen.

The minimum years of post-law degree experience commensurate with the grade level of eligibility is shown below.

Possessing the minimum post law degree legal experience does not guarantee the applicant will be selected at that grade level.

GS -11 - up to 1 year post-JD legal experience GS-12 - minimum 1 year post-JD legal experience Preferred qualifications: Applicants with proven writing, research, and negotiation skills preferred; Applicants should exhibit good judgment, and have litigation experience.

Federal appellate court judicial clerkship experience and appellate litigation experience are desirable. Qualifications must be met by the closing date of the vacancy announcement.

Trial Period Statement As a condition of employment for accepting this position in accordance with section 11.5 of Executive Order 14284, you will be required to serve a 2-year trial period during which we will evaluate your fitness and whether your continued employment advances the public interest.

In determining if your employment advances the public interest, we may consider: your performance and conduct; the needs and interests of the agency; whether your continued employment would advance organizational goals of the agency or the Government; and whether your continued employment would advance the efficiency of the Federal service.

Upon completion of your trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest. Major Duties:

Appellate Staff attorneys practice in all thirteen of the federal courts of appeals, and other courts as appropriate.

The Appellate Staff's portfolio includes many of the most difficult and controversial cases in which the Federal Government is involved.

Typical matters concern the litigation of legal questions central to the Government's business, defending federal statutes and regulations and the Executive Branch's prerogatives, preserving the public fisc and protecting national security.

The Appellate Staff also works with the Office of the Solicitor General to prepare Supreme Court filings in civil cases.

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.

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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.

The Appellate Staff is seeking several junior attorneys to represent the United States, its agencies, and its officers in civil cases in the federal courts of appeals and other appellate courts.

The trial attorney will personally brief and argue appellate cases assigned to them, draft recommendations and memoranda for the Solicitor General and other officials on a range of litigation matters, and work with the Office of the Solicitor General to prepare Supreme Court filings.

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).

The Appellate Staff also represents Executive Branch interests in separation-of-powers litigation. This is not a remote location position. You will be required to work in person five days a week.