Assistant County Attorney I or II - CIVIL

The Benton County Attorney’s Office is seeking a dedicated Assistant County Attorney I or Assistant County Attorney II – Civil to join our team of legal professionals serving the people of Benton County. This position provides an opportunity to practice in a diverse and challenging civil law environment, handling a wide range of legal matters on behalf of Benton County. Responsibilities include representing the County in civil litigation and administrative matters, providing legal counsel and guidance to County departments, offices, boards, and commissions, and advising on matters involving land use, data practices, contracts, employment, taxation, Human Services, and other areas of County government. The role also provides opportunities to work on matters involving local governance, public services, and community well-being while collaborating with County officials, employees, and other professionals.

• Assistant County Attorney I (Grade 15): Hiring pay range is $41.35 to $49.04 per hour (Steps 1–6), depending on qualifications and experience, with career advancement potential up to $56.72 per hour (Step 11). Click here to view the Assistant County Attorney I job description.

• Assistant County Attorney II (Grade 17): Hiring pay is determined based on qualifications and experience, with career advancement potential up to $61.94 per hour (Step 11). Click here to view the Assistant County Attorney II job description.

• Must be admitted to practice law in the State of Minnesota, have an active Minnesota license in good standing with the Minnesota Supreme Court, and be authorized to practice law in Minnesota throughout employment.

• Skilled in oral and written advocacy

• Able to manage a diverse civil caseload with professionalism, sound judgment, and accuracy

• Strong legal research, analysis, and problem-solving skills

• Able to provide practical legal advice and guidance to County departments, officials, boards, and commissions

• Comfortable working on a variety of civil legal matters, including litigation, contracts, land use, data practices, Human Services, and other areas of County government

• Able to work collaboratively with County officials, employees, departments, and outside agencies while exercising appropriate independent judgment

• Committed to public service, collaboration, and justice

The job description below outlines the essential functions of the Assistant County Attorney I or Assistant County Attorney II classification, including the duties associated with the Civil Attorney assignment. The full job description is available on our website and can be accessed using the link provided above.

Duties and Responsibilities
Essential Functions
The following duties are normal for this position. They are not intended to be construed as exclusive or all-inclusive. Other duties may be required and assigned. Not every incumbent will perform each duty listed below on a regular basis; however, each incumbent must be able to perform the essential functions and duties assigned to the position within the County Attorney’s Office.
A. Handle court trials, summary judgment motions, depositions, and mediations.
B. Communicate and coordinate with witnesses, victims, pro se defendants, and other attorneys.
C. Complete legal research and interpret laws and statutes.
D. Write legal motions and briefs to submit to the Court.
E. Prepare documents, including appeals to the Minnesota Court of Appeals and Minnesota Supreme Court.
F. Advise and train law enforcement and human services on legal issues and assist with search warrants.
G. Draft pleadings and appear in court to seek the requested relief.
H. Review law enforcement policies and procedures to ensure statutory and regulatory compliance.
Civil
I. Represent the County in civil litigation, zoning enforcement actions, human service administrative appeals, forfeiture actions, tax appeals, condemnations, and drainage proceedings.
J. Provide legal counsel, legal training, and guidance to the County Board, Planning Commission, Board of Adjustment, County departments and offices, Benton Soil and Water Conservation District, and other applicable boards, commissions, and entities; and attend meetings as needed.
K. Assist in providing legal counsel to the County Board and other county officials and employees on county matters, including representing employees subpoenaed to testify.
L. Conduct legal issue reviews and provide advice regarding data practices, human services, land use, right-of-way, wetlands, drainage, employment, elections, taxation, recording matters, and other County legal matters.
M. Review and draft ordinances.
N. Review plat and subdivision issues.
O. Draft and review contracts.
P. Advise and provide training to county employees related to data practices law and other necessary training.
Q. Manage adult civil commitment matters, including reviewing pre-petition screening reports, medical and psychological reports, and drafting Court orders, including final commitment orders and Jarvis Orders.
R. Assist Human Services with child support establishment and enforcement actions, paternity adjudication actions, and financial collections.
     R. 1. Draft pleadings, including summons, complaints, motions, orders to show cause, findings of fact, conclusions of law, orders for judgment, affidavits, wage withholding orders, and garnishment documents.
S. Prepare for and attend Expungement Hearings.
T. Determine appropriate remedy for reimbursement of costs associated with out-of-home placement, medical assistance, and treatment of children.
U. Responsible for bankruptcy questions, issues, and documents.
Criminal Prosecution
Criminal prosecution includes all petty misdemeanor and ordinance violations, misdemeanors, gross misdemeanors, felonies, serious felonies, contested evidentiary hearings, omnibus hearings, court trials, jury trials, bail hearings, and probation violation hearings. Prosecution also includes criminal matters for municipalities within the County that contract with the County for prosecution services.
V. Represent Benton County and the State by prosecuting petty misdemeanors, misdemeanors, gross misdemeanors, and felonies, including contested evidentiary hearings, court trials, jury trials, bail hearings, omnibus hearings, and probation violation hearings.
W. Perform file review, including review of criminal histories, sentencing guidelines, legal research, rules of criminal procedure, case law, and Minnesota statutes.
X. Attend all criminal court appearances, including Rule 5, Rule 8, bail hearings, pretrial, contested omnibus, settlement conference, trial, sentencing, restitution, probation violation, review hearings, and post-conviction relief hearings.
Y. Review and analyze criminal cases with police reports, video, and other evidence.
Z. Advise the Victim Services staff, manage relationships with victims of crimes, and analyze restitution claims.
AA. Convene, prepare, and present evidence before the Grand Jury, as required.
BB. Review and prepare extradition paperwork to return the Defendant to the Demanding State.
CC. Prepare and review search warrants, arrest warrants, administrative subpoenas, pen registers, and wiretaps.
Juvenile
DD. Represent Benton County and the State by prosecuting juvenile petty offenses, juvenile delinquency matters, Extended Juvenile Jurisdiction (EJJ) matters, and Adult Certification matters, including contested evidentiary hearings, court trials, detention hearings, pre-trial hearings, and probation violation hearings.
EE. Manage all aspects of juvenile delinquency and child protection matters, including drafting CHIPS petitions, Court orders, and all other pleadings in juvenile matters, and handle all appeals in juvenile delinquency and child protection matters.
FF. Review and analyze juvenile delinquency cases with police reports, video, and other evidence.
GG. Advise Victim Services staff, manage relationships with victims of crime, and analyze restitution claims.

Additional Functions
A. Attend training as needed.
B. Rotate on-call responsibilities.
C. Perform other duties as assigned or apparent.

Qualifications
Minimum Qualifications
Assistant County Attorney I
A. Juris Doctor (JD) from an accredited law school; and
B. Must be admitted to practice law in the State of Minnesota, have an active Minnesota license in good standing with the Minnesota Supreme Court, and be authorized to practice law in Minnesota throughout employment; and
C. One (1) year of relevant work experience; and

Assistant County Attorney II
A. Juris Doctor (JD) from an accredited law school; and
B. Must be admitted to practice law in the State of Minnesota, have an active Minnesota license in good standing with the Minnesota Supreme Court, and be authorized to practice law in Minnesota throughout employment; and
C. Eight (8) years of relevant work experience; and
D. Ability to establish and maintain effective working relationships with colleagues, County staff, and other legal and professional partners; and
E. Demonstrated knowledge, skills, and experience in one or more areas of criminal law, civil law, juvenile law, or appellate practice, with the ability to independently handle legal matters appropriate to the assigned level of the position, including significant and complex cases as applicable; and
F. Demonstrated leadership capabilities; and
G. Ability to provide training on various programs, procedures, and roles within the County Attorney’s Office; and
H. Ability to mentor and provide guidance to Assistant County Attorneys I; and
I. Regular attendance in accordance with the department’s established work schedule; and
J. Maintain satisfactory performance and remain in good standing; and
K. Maintain required safety, data privacy, and data security training; and

Assistant County Attorney I and II
A. Must possess a valid driver's license and be able to drive in the State of Minnesota; and
B. Must successfully complete a background check; and
C. Obtain and maintain certifications and licensures.
     C. 1. Ability to obtain and maintain, upon hire:
              C. 1. 1. BCA Privacy and Security Training Certification: Training and Certifications are determined by the BCA schedule.

Preferred Qualifications:
A. County Government knowledge and experience.

Knowledge, Skills, and Abilities:
A. Knowledge of municipal, county, state, federal, common, and constitutional law.
B.  Knowledge of Federal, State, and Local civil law, including applicable rules of evidence, and skill in analyzing evidence.
C. Knowledge of Federal, State, and Local criminal law, rules of evidence, and sentencing guidelines.
D. Knowledge of applicable judicial and administrative procedures and court rules, including civil, criminal, juvenile, family court, and civil appellate procedures.
E. Knowledge of county government organization, practices, and legal issues.
F. Thorough knowledge of civil and administrative case preparation and the ability to evaluate, prepare, manage, and litigate criminal, civil, juvenile, and other cases, including drafting pleadings and briefs and advocating in court proceedings.
G. Thorough knowledge of legal research methods and the analysis and preparation of legal documents, with the ability to conduct legal research, analyze legal issues, and prepare clear and well-supported legal opinions.
H. Strong ability to present statements of law, facts, and legal arguments clearly, logically, concisely, and persuasively, both orally and in writing.
I. Ability to analyze the legal aspects of governmental issues and provide sound legal advice and assistance to County officials.
J. Ability to provide legal guidance, training, and support to law enforcement and human services staff.
K. Ability to exercise sound legal judgment in negotiations and settlements in accordance with applicable laws, rules, and the guidelines and policies of the County Attorney’s Office.
L. Ability to establish and maintain effective working relationships with elected officials, courts, County staff, and the public, and to negotiate agreements using effective strategy and timing.
M. Ability to work under general supervision, exercising appropriate judgment and initiative in determining how assigned objectives are achieved, within the goals and direction established by the County Attorney and senior management.
N. Ability to demonstrate initiative, integrity, ethical conduct, and excellence in work performance through personal example.
O. Ability to work effectively in a fast-paced and, at times, stressful environment involving multiple and varied factors, and to apply analytical and inductive thinking to complex situations.
P. Ability to manage time effectively, prioritize work, and meet deadlines.
Q. Knowledge of, or the ability to acquire knowledge of, property condemnation, tax appeals, contract negotiations and bidding laws, planning and zoning, the Open Meeting Law, and government data practices is preferred, but not required.
R. Ability to travel within your daily work assignment.
S. Ability to travel within Minnesota, including extended overnight stays.
T. Ability to work extended, evening, and weekend hours as needed.
U. Must comply with organizational and departmental policies.
V. Performs the physical/mental demands of the work environment requirements for this position.
W. Attendance during regularly scheduled work hours and outside regular hours, as necessary.
X. Effective and respectful communication and interactions with other employees, supervisors, individuals from different organizations, and citizen customers.
Y. Must comply with data practices policies and standards related to private data. Access to private data is limited strictly to what is necessary to perform assigned job duties. While accessing such data, the employee must take reasonable measures to prevent unauthorized access by individuals without a work-related need. Once the work-related purpose has been met, private data must be properly secured and stored in accordance with county policies and Minnesota Statutes.

Physical Demands & Working Conditions
A. Work is performed primarily in an office, courtroom, or community setting, independently and with others, with regular interaction with County staff, officials, the courts, and the public.
B. Work is performed in the office, in a courtroom, and in the community. Telework may be permitted, at the discretion of the County Attorney, when the employee is not required to be in the office, in court, or in the community.
C. Headaches, eyestrain, and other related occupational hazards reflect the most common potential for injury.
D. Activities frequently performed include sitting, talking, hearing, using near vision, communicating verbally and in writing, concentrating, analyzing information, solving problems, and interacting with others.
E. Activities occasionally performed include standing, walking, applying creativity, and organizing information and tasks.
F. Activities infrequently performed include bending, climbing stairs, reaching at and above shoulder level, fine manipulation, and using far vision, depth perception, accommodation, and color vision. The position requires light physical effort in sedentary to light work, including occasional lifting, carrying, pushing, and pulling of objects and materials weighing up to 20 pounds.
G. Requires strong analytical, organizational, problem-solving, negotiation, communication, and interpersonal skills and the ability to effectively analyze, synthesize, coordinate, and communicate complex legal information.
H. The incumbent may be exposed to vicarious or secondary trauma, foul language, offensive behavior, and verbal abuse from hostile, angry, or frustrated individuals.
I. This position frequently requires meticulous attention to detail, accuracy, and the ability to effectively manage competing priorities and deadlines in the performance of legal work.
J. Work is performed with frequent interruptions and requires the ability to shift between tasks and priorities.

Hours of Work
A. Monday – Friday, 8:00 a.m. – 4:30 p.m.
B. This position may be eligible for telework, with work conducted both on-site at the Benton County Court Administration Building and remotely, as job duties permit and with approval from the County Attorney. Work hours are generally 8:00 a.m. to 4:30 p.m., Monday through Friday. The position may require additional hours, including evening and weekend hours, as necessary to meet client needs, caseload demands, trial requirements, and the needs of the County Attorney’s Office.

Equipment Utilized
A. Office equipment, computer hardware and software, county vehicles and/or personal vehicles, and phones.


This document does not create an employment contract, implied or otherwise, other than an "at-will" employment relationship. The County Board, County Administrator, or appropriate Elected Official retains the discretion to add duties or change the duties of this position at any time.

Benton County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the County will provide reasonable accommodation to qualified individuals and encourages both prospective and current employees to discuss potential accommodations with the employer.