Attorney III / Temp Grant Attorney - 194252

State of South Carolina; South Carolina; On-site; USD 90,000 - 130,000; Full time

Benefits offered by this job

Health, dental, vision insurance

Long-term disability and life ins.

15 days annual leave

15 days sick leave

13 paid holidays

State Retirement Plan

Deferred Compensation

Employee Assistance Program (EAP)

Job summary

The South Carolina Department of Motor Vehicles (SCDMV) seeks an attorney focused on safety and execution to increase upheld administrative suspensions in impaired driving cases. This role, within the Office of General Counsel, entails regular travel across South Carolina and assignment to regional teams.

Two positions will be filled, with responsibilities including hearings before OMVH, data gathering for federal grant reporting, and potential appeals.

Qualifications

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

Responsibilities

• Gather data regarding CDL and CBP holders that receive administrative violations and suspensions for implied consent and blood alcohol concentration incidents and prepare for contested hearings before the OMVH.
• Attend all OMVH hearings involving CDL and CBP holders and ensure proper testimony, evidence submission, cross-examination, and preservation of legal arguments.
• Process and track data for federal grant reporting on OMVH hearings and assist with appeals as assigned.

Education

Juris Doctor degree or equivalent from an accredited law school

Licensed to practice law in the state courts of South Carolina

Job description

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!

This 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.

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 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.

Agency Preferred

• Trial experience and appellate practice preferable.

What's in it for you?

At the SCDMV you get to be part of an exceptional team and diverse culture that nurtures mutual success for our customers, employees and our communities. We give you the tools to be successful; all you need to do is bring your best ideas, your energy and a desire to develop your skills, experience and career.

The South Carolina DMV offers a robust and competitive benefits program.

• 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

So what are you waiting for?

Come be a remarkable team within a growing agency that is always striving to improve the customer experience!

Additional Comments

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.

Supplemental questions are considered part of your official application. Any misrepresentation will result in your disqualification from employment. Please complete the state application to include all current and previous work history.

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.