Function of Work:
To serve as a senior attorney in a legal unit and serve as a specialist of the most complex law areas.
Level of Work:
Broad review from an Attorney--Deputy General Counsel 1 or equivalent/higher ranking attorney, administrative law judge, or other agency administrator/executive. Note: Attorney 4's should not report to an Attorney Supervisor.
May supervise a lower ranking attorney or administrative law judge.
Location of Work:
May be used by all agencies.
Differs from other Attorney jobs by the level of independence exercised, supervision received, supervision exercised, and the complexity of the specialized programmatic areas or hearings conducted. The Attorney 4 is intended to be a specialist level. Not all staff level positions will be allocated to the Attorney 4 job.
Differs from Deputy General Counsel 1 by subordinate relationship.
Examples of Work
- Represent a department in highly complex and high profile litigation before trial and appellate courts and administrative tribunals.
- Represent the agency in complex procedural and substantive legal and regulatory proceedings involving multiple scientific, technical, regulatory, and legal issues combined.
- To independently conduct evidentiary public hearings on issues pertaining to major program areas.
- May serve as lead-worker over attorneys of lower rank. May supervise a lower ranking attorney or an administrative law judge.
- Prepares and reviews the preparation and negotiation of contracts, requests for proposal, and other legal documents.
- Drafts and reviews the drafting of new legislation.
- Advise department officials on their highest profile and complex legal problems.
- Serves as chief regional/district legal counsel for a state department/agency/office having program offices, in an assigned geographic region, and is responsible for independently providing highly technical legal direction, advice, assistance, consultation, representation and having a direct influence on the operations of the regional/district program offices.
Attorney/Administrative Law Judges/Referees:
Conducts public, adversarial, evidentiary hearings throughout the state involving a constitutionally protected property right and involving various, highly complex legal issues in which cases, there is no opportunity for another evidentiary hearing; examines or cross examines witnesses as necessary to fully develop the facts; rules on the admissibility of evidence; rules on procedural matters; administers the oath to witnesses and maintains decorum.
Independently weighs the testimonial and documentary evidence presented, assesses the credibility of witnesses, and determines the facts.
Researches and interprets the applicable law and jurisprudence; applies the law to the facts found and independently reaches a decision; prepares and issues a formal written opinion containing findings of fact, conclusions of law, the rationale for the decision and the judgment, which judgment is binding on the parties unless judicial review is sought.
Develops an accurate record of the proceedings by insuring: that the proceedings are recorded; that the exhibits offered, proffered or introduced into evidence are adequately marked for identification and are physically placed in the record; that the sound recordings are accurately labeled; and that an index of testimony is prepared indicating at what point on what tape each witness testified and the nature of the examination. Decides whether, as a matter of law, the case should be disposed of without a hearing on the merits and orders limitations on the scope of the hearing; decides whether requested subpoenas are relevant and orders/declines the issuance of subpoenas; decides whether there is good cause shown and grants/denies requests for continuance.
Determines nature and scope of hearing by reading the file and researching the applicable law; estimates length of hearing; schedules cases for hearing.
Conducts a continuous study of applicable law and judicial decisions.