Assistant Attorney General - Government Counsel and Accountability

Government Counsel & Accountability Division

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Apply by 10/24/2024

Salary

$37.19 – $66.94 Hourly

$77,354 – $139,238 Annually

This position is a Pay Band LH

Posting Details

The New Mexico Department of Justice has broad statutory authority over civil legal matters and proceedings involving the state. The Government Counsel and Accountability Division provides legal advise to over 100 Boards, Commissions, and Agencies around the State. The Division reviews complaints alleging OMA and IPRA violations, and brings enforcement actions under state laws for these violations. The Division also provides review for other statutorily required AG review of school bonds, TRD abatements and refunds, former employee contract review, and jail agreements. The Division’s attorneys are essential in fulfilling the Attorney General’s statutory duty to provide legal advice and representation to various parts of the state government and to help ensure that the government remains accessible, accountable, and transparent across the state.

This posting will be used for ongoing recruitment and may close at any time.  Applicant lists may be screened more than once.

Why does the job exist?

Provide legal services to public bodies the Division serves as legal advisor; develop and improve Division processes in coordination with Division leadership and support staff; collaborate with Division attorneys concerning legal needs; perform legal analysis; engage in OMA/IPRA compliance program and take necessary enforcement action; enforce other governmental accountability and transparency laws; conduct OMA/IPRA trainings around the state and to public bodies; review other statutorily required documents; represent public bodies in appeals process and other assigned litigation.

More experienced attorneys provide legal services to sophisticated Division clients; mentor junior attorneys; take on more complex litigation and enforcement matters; and assist in developing and implementing consistent standards and practices in litigated matters.

How does it get done?

Assigned Client Representation – Advise and train assigned public bodies on: Powers and duties, Governmental Conduct Act, Open Meetings Act, Inspection of Public Records Act, State Rules Act, Uniform Licensing Act; Provide procedural advice and review on Administrative Proceedings, Rulemaking, and in some instances, Appeals and Litigation; Assist with the coordination and facilitation of disciplinary administrative proceedings; Provide assistance and legal advice to hearing officers, and staff on procedural, evidentiary, and due process requirements under the Uniform Licensing Act or other applicable law; Assist with conducting and defending public rule hearings under the New Mexico State Rules Act.

Administrative Appeals and Litigation – Represent public bodies in district and appellate courts in defending administrative decisions appealed under Rules 1-074 and 1-075 NMRA; Represent public bodies in other occasional litigation, including defending extraordinary writs, injunctions, declaratory actions and other matters

Government Accountability – Review and conduct investigations of government accountability and transparency matters ; Issue advisory and guidance letters on OMA and IPRA; Respond to incoming emails or phone calls requesting information on OMA or IPRA; Conduct trainings across the State on Accountability and Transparency Laws; bring investigations, litigation, and other enforcement actions against violators of OMA, IPRA, and other governmental transparency laws.

Legislative Affairs – Research and draft fiscal impact reports (FIRs) during legislative sessions; Assist with other legislative or policy needs including reports, recommendations, and presentations.

Review and approval of school bonds

Review and approval of contract jail agreements

Review and approval of former employee contracts

Who are the customers?

The Attorney General is the state’s attorney, and the work of an Assistant Attorney General is broadly done for the state of New Mexico, through the delegation and power of the Attorney General. The position is directly supervised by the Division Director, who directs the majority of this position’s work.

Ideal Candidate

The ideal candidate has strong judgment, excellent written and verbal communication skills, the ability to deal with complex matters that cut across many legal and related areas, leadership skills, the ability to spot and anticipate a wide variety of legal issues and risks, is decisive in strategic approaches to the law, has impeccable ethics and integrity, has a curiosity to learn and become a general legal subject-matter expert, and the ability to independently multi-task in a high volume environment with the possibility of frequent interruptions.

The following are areas of the law the Division advises on regularly, and the ideal candidate will have a general understanding of the following:

Administrative law, including State Rules Act, Uniform Licensing Act, and administrative appeals.
Public Finance, including state procurement, issuance of bonds, purchase agreements, grant funding, tax
Transparency Laws, including OMA, IPRA, Governmental Conduct
Transactional, including Joint Powers Agreements, Memorandums of Understanding, Property Contracts, Services Contracts, and other state contracts review
Ethics and Corruption Laws
Environmental and Natural Resources Laws
Public Safety Laws
Compliance and Risk Management

Senior attorneys will demonstrate and innate ability and experience in, effectively communicating at all levels with a variety of different stake holders, taking on additional duties and responsibilities, the ability to handle more complex matters and assignments, presiding over more complex investigations and litigation, mentoring and inspiring others, and conducting regular trainings on a wide variety of subjects.

Minimum Qualification

Juris Doctorate degree from an accredited school of law. Must be licensed as an attorney by the Supreme Court of New Mexico or qualified to apply for limited practice license (Rules 15-301.1 and 15-301.2 NMRA). For more information on limited practice licenses, please visit http://nmexam.org/limited-license/

Employment Requirements

All Attorney classifications must be and remain licensed as an attorney, in good standing, by the Supreme Court of New Mexico, or licensed as an attorney and in good standing by the highest court of another state and eligible pursuant to the limited license provisions (See Rules 15-301.1 and 15-301.2 NMRA).

Must possess and maintain a current Defensive Driving Course Certificate from the State of New Mexico or must pass and receive Defensive Driving Course Certification as a condition of continued employment as some statewide travel maybe required. Employment is subject to criminal background check and is conditional pending results of criminal background check. Be of good moral character and not have been convicted of a felony offense by a court of this state, any other state or the United States.

Working Conditions

Work is performed in an office setting with exposure to Visual/Video Display Terminal (VDT) and extensive personal computer and phone usage. Some sitting, standing, bending, lifting and reaching may be required. Ability to complete assignments with a high level of accuracy within strict time constraints. Must be able to lift 25 – 30 lbs. Occasional travel may be required in and out of state.

Supplemental Information

Benefits:

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Agency Contact Information: Tim Maestas (505) 895-2492. Email

For information on Statutory Requirements for this position, click the Classification Description link on the job advertisement.

 

Bargaining Unit Position

This position is not covered by a collective bargaining agreement.