Attorney III/Transportation/Condemnation, Buncombe County (60015040)

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This position is located in the Attorney General's Western office, Buncombe County.
 
The primary purpose of the North Carolina Department of Justice – Legal Services (DOJ) is to carry out those duties set forth in N.C.G.S. § 114-2, i.e., to provide legal services to state government. The Attorney General's Western Office is constituted as a separate Section within the Transportation Division of DOJ. The primary purpose of the Western Office is to provide legal representation for the State and state agencies in a variety of legal matters as assigned within the geographic coverage area of the office.
 
Pursuant to N.C.G.S. § 114-2, the Attorney General has appointed the attorney in this Assistant Attorney General position to assist in the legal representation of the Department of Transportation in highway condemnation matters. Other specifically assigned duties include representation of the State of North Carolina in criminal appeals before the Court of Appeals and the Supreme Court.
 
1. Provision of Legal Services to Department of Transportation in Highway Condemnation Matters.

• The Attorney III represents the N.C. Department of Transportation in eminent domain litigation at all levels of complexity. 
• The attorney has responsibility for all phrases of litigation in land acquisition proceedings, including investigation, trials in the superior courts, and appeals to the Court of Appeals and the Supreme Court. 
• The attorney provides legal advice and representation to the Right of Way Branch with respect to questions of law involved in appraisal and valuation of properties. 
• The primary duty of a trial attorney in this position is to represent the Department in the trial of eminent domain actions for the acquisition of real estate for highway purposes in cases where the Department’s Right of Way Branch has been unable to effect settlement with landowners, and legal proceedings have to be instituted.

2. Representation of the State of North Carolina in Criminal Appeals.

• The Attorney III prepares briefs for the State in criminal appeals to the North Carolina Court of Appeals and Supreme Court. Preparation of the brief requires reading and summarizing a trial transcript, reading the defendant’s brief and the authority cited, researching relevant other authority and writing arguments on the questions raised.
• Some cases require preparation of petitions for further review by the Supreme Court or responses to such petitions, and, where the petition is granted, new briefs. 
• Oral argument in the appellate courts may be ordered, necessitating additional preparation. 

3. Miscellaneous Legal Duties.

• This attorney must also prepare various legal documents for the Department, including deeds, releases, disclaimers, contracts, and other instruments of a similar nature. 
• Additionally, opinion letters, both formal and informal, to various state and local governmental officials must be prepared upon an appropriate request and assignment from the attorney’s supervisors. 
• The Attorney III reviews and approves bills submitted by expert appraisal witnesses for time spent in trial preparation and testimony. 

This position is not subject to the Fair Labor Standards Act.

Note to Current State Employees:
 The salary grade for this position is LG08. State employees are encouraged to apply for positions of interest even if the salary grade is the same as, or lower than, their current position.  Please detail ALL work history including non-state service experience.  If selected for this position, a new salary will be recalculated taking into consideration the quantity of relevant education and experience, funding availability, and internal equity. Based upon these factors, a pay increase MAY or MAY NOT result.
 
 THE STARTING SALARY FOR A NEW HIRE TO THIS POSITION IS LIMITED TO $84,878 to $103,184. DOT Funded. Salary offers for the selected candidate are based on the candidate's education and experience related to the position, as well as our agency budget and equity.

The State of North Carolina offers employer-paid health insurance plus twelve paid holidays, generous vacation and sick leave accrual, dental, vision, and other insurance options, and retirement benefits. You can view our benefits information at Employee Benefits.

Hybrid telework opportunities are available for this position.

Ability to conduct complex civil or criminal litigation in trial and appellate courts. 
Ability to interpret and apply laws, constitutional provisions, statutes, administrative regulations, and court decisions.
Ability to analyze legal problems and render formal opinions.

Licensed to practice law by the North Carolina State Bar and three years of progressively responsible professional legal experience.

Management preference: Experience in Condemnation Litigation or other Complex Litigation.

The NC Department of Justice accomplishes our goals through our DOJ Organizational Values of Public Service, Integrity, Excellence, Teamwork, Diversity, and Innovation. We encourage all qualified candidates who are committed to these values and want to make a difference in the lives of our citizens to apply for this opportunity.

Please be sure to complete the application in full.

Note the following: If multiple applications are submitted to an individual posting, only the most recent application received prior to the closing date will be accepted. Applications must be submitted by 5:00 PM on the closing date.

Resumes and cover letters:   To receive credit for your work history and credentials, you must list the information on the online application form. This information is used to determine if you meet the requirements of the position, and if you are selected, it is used to determine a salary offer.

Using the terms "See Resume" or "See Attachment" will not be accepted and your application will be rejected as incomplete.  Cover letters are highly encouraged but not required.    

Transcripts:  Degrees must be received from appropriately accredited institutions. A copy of your transcripts indicating the degree received can be uploaded with your application.

If a transcript has been requested, your application will be considered incomplete if you do not provide one. Using a photograph of your diploma is not acceptable.
 
Credit for foreign degrees will only be given if verification of degree certification is attached to your application.  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.

Veterans Preference: Applicants seeking Veteran's Preference must attach a copy of their DD-214 or discharge orders.

Applicants seeking National Guard Preference must attach a NGB 23A (RPAS) if you are a current member of the NC National Guard in good standing.  If you are a former member of the NC National Guard who served for at least 6 years and was discharged under honorable conditions, you must attach either a DD256 or NGB 22.

Application status: To check the status of your application, please log in to your account. Upon the closing date, applications are "Under Review" and will be screened by Human Resources for the qualified applicants. The hiring process may take an average of 6 – 8 weeks.  All applicants will be notified by email once a position is filled.

NeoGov Help Line: If you are having technical issues submitting your application, please call the NeoGov Help Line at 855-524-5627. If there are any questions about this posting, other than your application status, please contact the NC DOJ Human Resources office.

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.

CONTACT INFORMATION:
NC Department of Justice
Human Resources Office
114 W. Edenton Street
Raleigh, NC 27603
919-716-6490