Attorney III

Freeman Fire Department; Sioux Falls (SD); On-site; USD 105,000 - 124,000; Full time

Job summary

The Department of Health in South Dakota seeks an experienced attorney to serve as lead litigation counsel across the agency. The role focuses on civil litigation, regulatory actions, and supporting the Medical Cannabis Program with legal counsel.

Requirements include a Juris Doctorate, admission or eligibility to practice in South Dakota, and eight-plus years of litigation experience. This exempt, full-time position may involve travel and court appearances at various sites across Pierre, Rapid

Qualifications

• Eight or more years of litigation experience.
• Juris doctorate from an accredited law school.
• Licensed to practice law in South Dakota or ability to promptly obtain licensure.
• Membership in the South Dakota Bar or eligibility to sit for the exam.

Responsibilities

• Provide legal opinions and advice to program and department staff.
• Lead counsel in civil litigation matters involving the department.
• Represent the department before the Office of Hearing Examiners and in trial and appellate courts.
• Draft legislation and administrative rules.
• Draft pleadings, motions, briefs, and appellate filings.
• Participate in lobbying activities as needed.
• Conduct discovery, take and defend depositions, and manage case strategy from inception through resolution.
• Handle evidentiary hearings, trials, and oral arguments.
• Draft program policies and procedures.
• Assist with RFP processes.
• Ensure compliance with federal and state statutes and administrative rules.
• Participate in hearings related to regulatory actions involving patient registration and medical cannabis establishments.
• Assist in drafting contracts and joint powers agreements.
• Collaborate with other state agencies.
• Provide guidance on administrative rules, rule promulgation, and legislative matters.
• Other duties as assigned.

Skills

Litigation experience

Legal research

Oral advocacy

Communication

Education

Juris Doctorate from an accredited law school

Licensed to practice law in South Dakota

South Dakota Bar membership or eligibility

Job description

Job ID: 37603
Agency: Department ofHealth
Location:Pierre, Rapid City or Sioux Falls, SDSalary:$105,111.65-$123,660.76 Annual Salary, depending on qualifications
Pay Grade:L3
Closing Date:10/27/2026

This is a Full-Time position with the Department of Health . For more information on the Department of Health, please visit https://doh.sd.gov/.

The South Dakota Department of Health works to prevent illness and injury; promote healthy places to live, work, and play; support informed health decisions; prepare for and respond to public health threats; and enhance the quality and accessibility of healthcare across the state. Our services impact every South Dakotan.

We value our employees as our greatest resource and are committed to fostering a culture of excellence. We trust our team members to be innovative, challenge existing processes, and make sound decisions. We seek a diverse and skilled workforce embodying leadership, accountability, communication, integrity, and teamwork. Public health is a dynamic and expanding field offering many career paths—imagine yourself contributing to a healthier and safer South Dakota.

Position Summary

This position offers a unique opportunity to represent the South Dakota Department of Health and serve as lead litigation counsel across the agency. Litigation work includes providing legal support for the Medical Cannabis Program and contributing legal and regulatory expertise to a continually developing area of law. Additional litigation responsibilities include prosecuting regulatory violations under the jurisdiction of the department involving nursing homes, hospitals, assisted living facilities, restaurants, lodging establishments, and campgrounds.

Key Responsibilities

• provide legal opinions and advice to program and department staff;
• serve as lead counsel in civil litigation matters involving the department;
• represent the department before the Office of Hearing Examiners and in trial and appellate courts;
• draft legislation and administrative rules;
• draft pleadings, motions, briefs, and appellate filings;
• participate in lobbying activities as needed;
• conduct discovery, take and defend depositions, and manage case strategy from inception through resolution;
• handle evidentiary hearings, trials, and oral arguments;
• draft program policies and procedures;
• assist with Request for Proposals processes;
• ensure compliance with federal and state statutes and administrative rules;
• participate in administrative and court hearings related to regulatory actions involving patient registration and medical cannabis establishments;
• assist in drafting contracts and joint powers agreements;
• collaborate with other state agencies;
• provide guidance on administrative rules, rule promulgation, and legislative matters;
• other duties as assigned.

Licenses and Certifications

• Juris doctorate from an accredited law school.
• Licensed to practice law in South Dakota or ability to promptly obtain licensure.
• Membership in the South Dakota Bar or eligibility to sit for the exam.

The Ideal Candidate Will Have

• Eight or more years of litigation experience.

Knowledge of

• criminal and civil practices and procedures;
• evidence and constitutional law, including current state and national trends;
• state administrative practices and procedures;
• legal research techniques and technology tools;
• basic computer operations and applications;
• state and federal statutes related to healthcare and medical cannabis programs.

Abilities

• communicate clearly and concisely;
• prepare clear and concise documentation, reports, and correspondence;
• analyze facts, evidence, and precedents to form logical interpretations;
• work effectively with program staff, private attorneys, and court officials;
• work independently while following instructions and accepting guidance;
• interact tactfully and professionally with others;
• manage a large caseload efficiently;
• uphold high levels of professionalism, integrity, and sound judgment.

This position is exempt from the Civil Service Act.

Successful applicant(s) will be required to undergo a background investigation. An arrest/conviction record will not necessarily bar employment.

The State of South Dakota does not sponsor work visas for new or existing employees. All persons hired will be required to verify identity and eligibility to work in the United States and complete an Employment Eligibility Verification, Form I-9.The State of South Dakota as an employer will be using E-Verify to complete employment eligibility verification upon hire.

The State of South Dakota offers $0 premium employee health insurance option plus eleven paid holidays, generous vacation and sick leave accrual, dental, vision, and other insurance options, and retirement benefits.You can view our benefits information here.This position is a member of Class A retirement under SDRS.

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