Attorney III

the South Dakota State Government•Pierre, SD

7d•Hybrid

About The Position

This position offers a unique opportunity to represent the South Dakota Department of Health and serve as lead litigation counsel across the agency. Litigation work includes providing legal support for the Medical Cannabis Program and contributing legal and regulatory expertise to a continually developing area of law. Additional litigation responsibilities include prosecuting regulatory violations under the jurisdiction of the department involving nursing homes, hospitals, assisted living facilities, restaurants, lodging establishments, and campgrounds.

Requirements

Juris doctorate from an accredited law school.
Licensed to practice law in South Dakota or ability to promptly obtain licensure.
Membership in the South Dakota Bar or eligibility to sit for the exam.
Eight or more years of litigation experience.
Knowledge of criminal and civil practices and procedures.
Knowledge of evidence and constitutional law, including current state and national trends.
Knowledge of state administrative practices and procedures.
Knowledge of legal research techniques and technology tools.
Basic computer operations and applications.
Knowledge of state and federal statutes related to healthcare and medical cannabis programs.
Ability to communicate clearly and concisely.
Ability to prepare clear and concise documentation, reports, and correspondence.
Ability to analyze facts, evidence, and precedents to form logical interpretations.
Ability to work effectively with program staff, private attorneys, and court officials.
Ability to work independently while following instructions and accepting guidance.
Ability to interact tactfully and professionally with others.
Ability to manage a large caseload efficiently.
Ability to uphold high levels of professionalism, integrity, and sound judgment.
Resume must be attached.
Successful applicant(s) will be required to undergo a background investigation.
All persons hired will be required to verify identity and eligibility to work in the United States and complete an Employment Eligibility Verification, Form I-9.
E-Verify will be used to complete employment eligibility verification upon hire.

Responsibilities

Provide legal opinions and advice to program and department staff.
Serve as lead counsel in civil litigation matters involving the department.
Represent the department before the Office of Hearing Examiners and in trial and appellate courts.
Draft legislation and administrative rules.
Draft pleadings, motions, briefs, and appellate filings.
Participate in lobbying activities as needed.
Conduct discovery, take and defend depositions, and manage case strategy from inception through resolution.
Handle evidentiary hearings, trials, and oral arguments.
Draft program policies and procedures.
Assist with Request for Proposals processes.
Ensure compliance with federal and state statutes and administrative rules.
Participate in administrative and court hearings related to regulatory actions involving patient registration and medical cannabis establishments.
Assist in drafting contracts and joint powers agreements.
Collaborate with other state agencies.
Provide guidance on administrative rules, rule promulgation, and legislative matters.
Other duties as assigned.