DPS Staff Attorney- Appellate Section

DPS – OGC – Staff Attorney, Appellate Section – ALR – Austin –

3504 (00039934) 

Organization: TEXAS DEPARTMENT OF PUBLIC SAFETY 

Primary Location: Texas-Austin 

Work Locations: 5805 N LAMAR BLVD PO BOX 15327 AUSTIN TX 78761

 Austin 78752

Other Locations:  

Job: Legal 

Employee Status: Regular 

Schedule: Full-time 

Standard Hours Per Week: 40.00 

State Job Code: 3504  

Salary Admin Plan: B 

Grade: 26  

Salary (Pay Basis): 6,728.40 – 7,666.67 (Monthly) 

Number of Openings: 1 

Overtime Status: Exempt 

Posting Date: Feb 7, 2024 

Closing Date: Feb 21, 2024 

Description

**Office Law school transcripts and writing sample to be submitted at time of application**

The Texas Department of Public Safety is seeking an attorney to represent the agency in administrative license revocation proceedings. The selected candidate will gain immediate litigation experience handling driving while intoxicated related cases. The position involves managing all aspects of an administrative hearing from discovery and working with the defense bar to examining witnesses in an evidentiary hearing. The selected candidate will also evaluate cases for appeal and represent the agency in appeals before the county courts, courts of appeals, and potentially the Texas Supreme Court. The position is ideal for candidates who are interested in litigation while maintaining a work-life balance. 

The department offers a close, collegial work environment with career advancement opportunities. Other benefits of the position include:

• Flexible work schedules
• Hybrid telecommuting options
• Comprehensive medical insurance with premiums paid at 100% for full time employees
• Generous paid leave and holidays
• Qualifying employment for purposes of Public Service Loan Forgiveness Program
• Retirement pension
• Comprehensive wellness program

PLEASE NOTE:  All applications must contain complete job histories, which includes job title, dates of employment, name of employer, supervisor’s name and phone number and a description of duties performed. If this information is not submitted, your application may be rejected because it is incomplete. Resumes do not take the place of this required information.

SUBMITTED THROUGH WORK IN TEXAS:  Work In Texas (WIT) applicants must complete the supplemental questions to be considered for the posting. In order to complete the supplemental questions please go to CAPPS Recruit to register or login and access your profile. Go to CAPPS Recruit to Sign In https://capps.taleo.net/careersection/ex/jobsearch.ftl?lang=en

GENERAL DESCRIPTION:   Attorneys in this position represent the Department of Public Safety in administrative hearings and appeals under the Administrative License Revocation program. The position requires the performance of highly complex (senior-level) legal work. Work involves reviewing and evaluating requests to appeal, researching and analyzing legal issues, drafting briefs and other appellate documents, and making oral arguments. Work under limited supervision, with considerable latitude for the use of initiative and independent judgment.

The following Military Occupational Specialty codes are generally applicable to this position.

https://hr.sao.texas.gov/Compensation/MilitaryCrosswalk/MOSC_Legal.pdf

Applicants must fully complete the summary of experience to determine if minimum qualifications are met.

ESSENTIAL DUTIES / RESPONSIBILITIES:   

1.     Represent the Department in ALR appeals before county courts, courts of appeals, and the Texas Supreme Court.
2.     Prepare and file legal petition, notices, and briefs in the state courts of appeals.
3.     Maintain extensive research files for use by Staff Attorneys throughout the state.

4.     Respond by written correspondence, telephone, or in person to inquiries regarding the rules, regulations, policies and procedures applicable to the ALR program.

5.     Provide legal advice and assistance to departmental personnel on matters relating to relevant driver license suspension functions, departmental operations, law enforcement, statutory interpretation, and criminal and civil litigation.

6.     Plan, implement, and present facts of assigned license suspensions cases in administrative hearings.

7.     Represent the Department in administrative hearings by video conference, telephone, or in person.

8.     Perform duties involving work with trial procedure, DWI statutes, Texas Administrative Procedures Act, Rules of Evidence, Rules of Civil Procedure, and Rules of Appellate Procedure.

9.     Prepare statistical reports and weekly time records for submission to the Supervising Attorney.

10.  Travel throughout the state as required.

11.  Attend work regularly and observe approved work hours in accordance with agency leave and attendance policies.

12.  Perform other duties as assigned.

Qualifications

GENERAL QUALIFICATIONS and REQUIREMENTS: 

Education – Graduation from an accredited school of law with a L.L.B or J.D. is required.

Experience –Experience in administrative, civil, or criminal litigation or experience as a judicial clerk preferred but not required.

Licensure and/or Certification – Licensure by the State Bar of Texas in good standing is required.  Must possess a valid driver license from state of residence.

Regulatory Knowledge – Knowledge of the Texas Open Records Act, Driver’s License Law, DWI statutes, traffic laws, Administrative Procedure Act, Rules of Civil Procedure, Texas Penal Code, and the Code of Criminal Justice.  Knowledge of state agency administrative procedures and familiarity with the State Office Administrative Hearings.

Interpersonal Skills – Must demonstrate an ability to exercise poise, tact, diplomacy and an ability to establish and maintain positive, working/professional relationships with internal/external customers.

Organizational and Prioritization Skills – Must be organized, flexible, and able to effectively prioritize in a multi-demand and constantly changing environment; able to meet multiple and sometimes conflicting deadlines without sacrificing accuracy, timeliness or professionalism. 

Presentation/Communication Skills – Must be able to construct and deliver clear, concise, and professional presentations to a variety of audiences and/or individuals.

Research and Comprehension – Knowledge of legal terminology, research methods and techniques, preparation and use of legal documents, administrative and court procedures, law office practices and procedures, relevant laws, and details of the English language as it applies to legal documents.

Analytical Reasoning/Attention to Detail – Must demonstrate an ability to examine data/information, discern variations/similarities, and be able identify trends, relationships and causal factors, as well as grasp issues, draw accurate conclusions, and solve problems. 

Technology (computers/hardware/software/operating systems) – Must possess appropriate levels of proficiency with utilized software and systems and be able to learn new software/systems.  Demonstrated proficiency with Microsoft Office Suite (Word, Excel, PowerPoint, Outlook).  Ability to conduct Legal Research utilizing Westlaw/Lexis.

Confidentiality and Protected Information – Must demonstrate an ability to responsibly handle sensitive and confidential information and situations, and adhere to applicable laws/statutes/policies related to access, maintenance and dissemination of information.

Travel and/or Schedule – Availability for after-hour and weekend work, and travel as required to attend hearings.

PHYSICAL and/or ENVIRONMENTAL DEMANDS:  

The physical and environmental demands described here are representative of those encountered and/or necessary for the employee to successfully perform the essential functions of this job; reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

  • Environment: Office;
  • Ambulatory skills, e.g. stand, walk, sit, climb, balance, stoop, kneel, crouch;
  • Hand-eye coordination and arm/hand/finger dexterity;
  • Ability to speak, hear, and exercise visual acuity;
  • Ability to transfer weights of twenty (20) pounds anticipated for this position;
  • Driving requirements: Daily twenty percent (20%).