Attorney III / Temp Grant Attorney - 194252

State of South Carolina; Blythewood (SC); On-site; USD 90,000 - 110,000; Full time

Benefits offered by this job

Health insurance

Dental insurance

Vision insurance

Paid holidays

Sick leave

Holiday and leave benefits

Job summary

The State of South Carolina, represented by the Department of Motor Vehicles, seeks two grant-funded attorneys for the Office of General Counsel to advance administrative suspensions in impaired driving cases. The roles involve preparing for and appearing at OMVH hearings, data reporting for federal grants, and providing legal counsel on related matters.

Positions require a J.D. and at least five years of legal practice, with travel across South Carolina and no guaranteed benefits due to the

Qualifications

• A juris doctor degree from an accredited law school and practicing attorney experience.
• Minimum five years' experience as a practicing attorney.
• Must meet Rule 403 Requirements, S.C. Appellate Court Rules.

Responsibilities

• Gather data regarding CDL/CBP violations and prepare for OMVH hearings.
• Attend OMVH hearings; present testimony, evidence, cross-examine witnesses, and preserve arguments.
• Process and track data for federal grant reporting on OMVH outcomes.
• Perform other duties within the grant scope.

Skills

Litigation

Legal research

Oral advocacy

Communication

Education

Juris Doctor degree

Job description

Job Responsibilities The South Carolina Department of Motor Vehicles (SCDMV) is seeking a safety focused, execution driven attorney to help the agency increase the number of administrative suspensions that are upheld in impaired driving cases. If you are ready to put your legal knowledge and litigation skills to work in support of our agency and the citizens of South Carolina, come join the SCDMV!

Location

The position is in the Office of General Counsel, at SCDMV Headquarters in Blythewood, SC, but will involve frequent travel throughout the state of South Carolina.

Number of Positions

• There will be (2) two positions filled from this posting, each assigned to a region of the State

Responsibilities Of The Temp Grant Attorney

• Gather data regarding CDL and CBP holders that receive administrative violations and suspensions for implied consent and blood alcohol concentration incidents where a contested case hearing has been requested before the Office of Motor Vehicle Hearings (OMVH). Prepare for the contested case hearing before the OMVH, including, but not limited to: subpoenaing witnesses necessary to provide testimony and needed documents, prepping necessary witnesses, reviewing all relevant video recordings and/or documentary evidence, and, when appropriate and permissible, negotiating global plea deals. Ensure law enforcement officers do not agree to plea deals that violate the masking prohibition set forth in 49 CFR
• 383.5.
• Attend all OMVH hearings involving CDL and CBP holders that receive administrative violations and suspensions for implied consent and blood alcohol concentration incidents. Ensure the following takes place during the hearing: all relevant testimony is presented by witnesses, all relevant evidence is submitted into evidence (or proffered, as necessary), cross examine witnesses as needed, and present and preserve legal arguments that support a finding sustaining the suspension and disqualification, as appropriate. Notify SCDMV Deputy General Counsel when a decision issued by the OMVH should be considered for appeal and handle appeals as assigned.
• Process and track data for federal grant reporting regarding the outcome of the OMVH hearings involving CDL and CBP holders that receive administrative violations and suspension for implied consent and blood alcohol concentration incidents. This data to be reported in accord with the data elements outlined in the federal grant application.
• Perform other duties as assigned within the bounds of the federal grant.

Minimum Requirements

• A juris doctor degree or its equivalent from an accredited law school and experience as a practicing attorney.
• A minimum of five years' experience as a practicing attorney.
• Must have Rule 403 Requirements, S.C. Appellate Court Rules.

Agency Requirements

• A juris doctor degree or its equivalent form an accredited law school and three years’ experience as a practicing attorney.
• Must complete a nationwide criminal background check to include finger printing.

Additional Requirements

• Membership in the South Carolina Bar and licensed to practice law in the state courts of South Carolina.
• Must be knowledgeable of pertinent state and federal laws, regulations, administrative rulings and procedures, and rules of court.
• Good organizational skills and ability to work independently.
• Ability to communicate effectively verbally and in writing; interpret and apply laws and judicial decisions.
• General knowledge of statutory and regulatory schemes involving motor vehicle related and driving under the influence issues.
• Positions in this class assume duties typically handled by experienced attorneys without regular supervision or guidance from supervisors, including complex and sensitive legal matters. Examples: legal research, preparing pleadings, briefs, and other legal documents.
• Will primarily appear and handle administrative hearings in the Office of Motor Vehicle Hearings (OMVH).
• Must be familiar with the dynamics of the law enforcement, regulatory, and judicial process and have the personality and experience to work effectively with law enforcement, regulatory, and judicial personnel.
• Needs to be sensitive to the SCDMV's role in administration of justice and providing services to citizens.
• State-wide travel required. Must be able to transport court materials.

Preferred Qualifications

• Trial experience and appellate practice preferable.

Compensation

This is a 4-year grant funded position with expected annual compensation set at $100,439.00. The compensation is based on an hourly rate of $58.22 in expectation of the employee working a full-time, 37.5 hour weekly schedule. As a grant funded position, regular holiday, sick and annual leave benefits do not apply; however, the employee will have 13 agency scheduled holidays and 17 discretionary leave days. The 17 discretionary leave days are mandatory and can be scheduled at the employee’s reasonable discretion. Holidays and discretionary leave days and any additional days off will be reflected as Leave Without Pay (LWOP). During pay periods that include agency scheduled holidays or discretionary leave days, the employee’s pay will be less due to the LWOP reflection, but the annual compensation total will not be impacted. If the employee takes additional days off beyond the 13 holidays and 17 discretionary leave days, the corresponding pay period pay and the annual compensation total will be reduced by the appropriate hourly rate calculation. Will you accept this compensation arrangement if offered this position?

Benefits for Temporary Employees

• Health, dental, vision, long term disability, and life insurance for employees, spouse and children (also available for temporary employees working over 30 hours per week)
• 15 days annual (vacation) leave per year
• 15 days sick leave per year
• 13 paid holidays
• State Retirement Plan and Deferred Compensation Programs (optional for Temporary Employees)
• An exceptional Employee Assistance Program (EAP) at no cost to the employee or members of their household

Benefits For State Employees

The state of South Carolina offers eligible employees generous benefits, including health and dental insurance; retirement and savings plan options; and paid vacation and sick leave. Plus, work-life balance programs such as telecommuting and flexible work schedules are available to employees of some state agencies.

Insurance Benefits

Eligible employees may enroll in health insurance, which includes prescription coverage and wellness benefits. Other available insurance benefits include dental, vision, term life insurance, long term disability and flexible spending accounts for health and child care expenses.

Retirement Benefits

State employees are also offered retirement plan options, including defined benefit and defined contribution plans. Additionally, eligible employees may elect to participate in the South Carolina Deferred Compensation Program, which is a voluntary, supplemental retirement savings plan offering 401(k) and 457 plan options.

Workplace Benefits

State employees may also be eligible for other benefits, including tuition assistance; holiday, annual and sick leave; and discounts on purchases, travel and more.

Note

The benefits above are available to most state employees, with the exception of those in temporary positions. Employees in temporary grant and time-limited positions may be eligible for all, some or none of these benefits as benefits are associated with each position type. For these positions, contact the hiring agency to determine what benefits may be available.

Equal Employment Opportunity

The Department of Motor Vehicles is committed to providing equal employment opportunities to all applicants and does not discriminate on the basis of race, color, religion, sex (including pregnancy, childbirth, or related medical conditions, including, but not limited, to lactation), national origin, age (40 or older), disability or genetic information.

Legal Authorization

Applicants must be legally authorized to work in the United States without the need for employer sponsorship, now or at any time in the future.