THIS IS A NATIONAL GUARD TITLE 5 EXCEPTED SERVICE NON-BARGAINING UNIT POSITION. This National Guard position is for a ATTORNEY-ADVISER (GENERAL), Position Description Number T5160P02 and is part of the Montana Army National Guard, JAG. (A copy of the Position Description can be obtained from HRO upon request.) Selected candidates will NOT be required to be a member of the Montana Army National Guard. Selecting Official: Col Schneider

Duties

Acts as a legal adviser and attorney for the state/territory National Guard, responsible for assisting in the formulation of state/territory legal policy and its execution legal representation; legal initiatives; interpretation and litigation of U.S. and state/territory(s) constitutional, civil, criminal, environmental, labor law; international law and treaty agreements; trial defense; and a full spectrum of expert legal advice. Assignments include some of the most diverse, complex, difficult and novel legal issues found in the areas of: homeland security, emergency response, sovereignty, state/territory compacts, fiscal and contract law, civil affairs, employer support, military statute and administrative law (Federal & state/ territory), nonmilitary employment law (Federal & state/territory), administrative law, environmental law and emerging areas of law, i.e. domestic operations, intelligence law, weapons of mass destruction emergency response and assistance to civil authorities, etc., and victims' rights law and is responsible for assisting in the formulation of state/territory legal policy and its execution in the area of sexual assault accountability, prevention, and response; sexual harassment; domestic abuse and lines of duty and medical discharges for Army and Air personnel. Included in this duty is to assist the Adjutant General to publish the accountability actions taken associated with substantiated allegations of sexual assault, domestic sexual abuse, and sexual harassment (both formal complaints and violations of the UCMJ or state military code), to coordinate with local law enforcement and prosecutors to track cases of sexual assault involving National Guard perpetrators or victims, and to provide legal support to staff elements whose duties include sexual assault accountability, prevention, and response. Counsel provided covers the full spectrum of legal and organizational concerns, frequently involving the most politically and legally substantive, sensitive and privileged issues faced by senior public sector leaders. Responsible to advise on the legal, factual and other impacting aspects of drafting, interpretation and application of legislation, regulation, tasking orders, decision, opinions or other guiding, or lack thereof, instruments associated with emerging or highly conflicted, sensitive and emotionally charged issues relating to sexual assault/harassment and domestic violence/abuse. Advises appointed and elected leaders on the appropriate use of NG personnel, resources and status issues for critical and diverse missions, emergency responses, contingencies and exercises, ensuring execution is consistent legislative intent, executive orders, current U.S. Codes and state/territory laws, court decisions and agreements. Serves as the state/territory NG litigation point of contact. Represents the state/territory NG in all legal matters in state/territory and Federal courts of original or appellate jurisdictions. The incumbent seeks to prevent avoidable litigation but may serve as Special Assistant to the U.S. Attorney or Assistant Attorney General at trial as cases dictate. Conducts investigations of fact and legal sufficiency; advising on administrative remedies; develops the trial strategy, content and means of presentation, and trial delivery; makes motions; and conducts post-trial duties. Prepares litigation reports, briefs, pleadings and other papers associated with litigation involving the state/territory NG interests. The incumbent advises on discovery obligations for senior leaders and members of the state/territory NG. Serves as an attorney/adviser providing acquisition and fiscal legal advice to the state/territory's assigned United States Property & Fiscal Officer, particularly in the area of emerging requirements in victim support and legal resourcing and active-duty military advisers. Advises ARNG and ANG contracting officers, reviews contracts, procurement actions and real property matters involving Federal and state/territory funds for legal sufficiency, appropriate titling and claim initiation or resolution actions. Acts as the Adjutant General's representative in third-party proceedings under Federal labor management and equal employment opportunity statutes and regulatory provisions. Represents the state/territory NG as a trial attorney on all sexual assault, sexual harassment and domestic violence cases, administrative judges and arbitrators from various appellate bodies including the EEOC, the FLRA, the NG Office of Complex Investigations, the Federal Services Impasses Panel and Federal and State Courts. Possesses a thorough understanding of controlling labor laws, regulations, labor arbitration, collective bargaining agreements and pertinent labor relations practices.

Requirements

• Federal employment suitability as determined by a background investigation.
• May be required to successfully complete a probationary period.
• Participation in direct deposit is mandatory.
• External applicants must be able to start within 6 months of selection.
• Must be able to obtain and maintain the appropriate security clearance of the position.
• This position is covered by the Domestic Violence Misdemeanor Amendment (30 Sep 96) of the Gun Control Act (Lautenberg Amendment) of 1968. An individual convicted of a qualifying crime of domestic violence may not perform the duties of this position.
• Irregular and/or overtime (compensatory) hours may be required to support operational requirements or contingencies or may be required to work hours outside of the normal duty day.
• Must either be currently in good standing (certified) with a State Bar or able to obtain certification.
• This position is designated as Essential Personnel and may be subject to duty in preparation for, or in response to, a state emergency or disaster declaration.
• This designation will not exceed 14 calendar days per year unless otherwise approved in advance by the TAG.
• JAGs must biennially self-certify with NGB GC IAW CNGBM 0408.01, Professional Responsibility Procedures for National Guard Civilian Attorneys.
• Selected applicant must pass a NGB General Counsel review for qualification review before given a job offer.

Qualifications

SPECIALIZED EXPERIENCE: Must possess at least 2 years experience equivalent to the next lowest grade which includes preparing pleadings, motions, affidavits, and other materials involving legal issues in civil or criminal litigation; conducting civil or criminal litigation (to include appellate practitioners); analyzing cases or requests for legal sufficiency; and providing expert legal advice and consultation; or serving as a judicial clerk who conducted legal research, drafted opinions, prepared bench, research and trial memoranda, performed legal analysis, and briefed the judge on various legal issues; formulated recommendations to senior managers; developing policy or issue briefs and reports; drafting congressional or other hearing testimony, and preparing advocacy and strategy documents for specific policy issues.

Education

Must possess a law degree (J.D.) from a law school accredited by the American Bar Association and currently be an active member in good standing of the Montana bar or have the ability to become an active member in the Montana bar within six months of employment. (Copies of all relevant transcripts must be provided. Official copies may be required at a later date.)

Contacts

• Address MT COJS 1956 MT MAJO STREET Fort Harrison, MT 59636 US
• Name: Jessica Wharton
• Email: [email protected]