Department of Commerce and Consumer Affairs

IDENTIFYING INFORMATION

Class Title: Staff Attorney, Level II or III

Department: State of Hawaii Commerce and Consumer Affairs (DCCA)

Division: Office of Consumer Protection (OCP)

WORK ENVIRONMENT

A hybrid remote in-office/telework schedule option is available upon supervisor approval. The attorney makes court appearances and, as needed, will be required to travel to neighbor islands and the mainland for training and case preparation.

SALARY RANGE

Staff Attorney: Level II $85,000 – $94,999, Level III $95,000 – $104,999

OVERVIEW

OCP is seeking litigators for Staff Attorney positions to oversee the investigation of reported or suspected violations of consumer protection laws and, where appropriate, bring affirmative civil enforcement actions to protect the general public as consumers.

One of nine, public-facing divisions within the DCCA, OCP works to protect consumers by bringing cases against businesses engaged in unlawful practices. OCP investigates and brings civil enforcement actions of high priority to consumers and participates in national and multistate actions, with subject matters including privacy, data security, subprime lending, and automotive. OCP also regularly proposes legislative solutions to better protect Hawaii consumers, interacts with trade and consumer advocacy groups, and engages in consumer education efforts.

Staff Attorneys take action to enforce laws designed to protect the interests of the consumer public by working with investigators and bringing civil enforcement actions on behalf of the State. Staff Attorneys may recommend and draft consumer legislation and can expect to work in a collaborative environment. Staff Attorneys may have opportunities to be a mentor or mentee in appropriate circumstances.

Qualities desired in a Staff Attorney candidate include excellent written and oral advocacy skills, experience with investigations, experience with or an interest in litigation, depositions, trials, and the rules of evidence,and a genuine interest in serving the public. Candidates having served a judicial clerkship who possess one or more of the above skills and/or experiences are encouraged to apply.

If you have any questions regarding the non-civil service exempt position, please send an email to [email protected].

MAJOR DUTIES AND RESPONSIBILITIES

The duties of the Staff Attorney include the following:

A. Legal Case Management Work 40%

Staff Attorneys handle complex cases, often involving the ability to analyze financial improprieties. A Staff Attorney III is expected to be the lead counsel involving the formulation of legal strategy in trial preparation and litigation.

Staff Attorneys prepare and file pleadings under various consumer protection laws which the office is statutorily mandated to enforce. As such, the Staff Attorney is responsible in each case for assessing whether there exists sufficient evidence and legal authority to warrant legal action, conducting formal discovery, including depositions, appearing at hearings, and participating in all court proceedings, through trial.

A Staff Attorney is responsible for appeals taken in any of their cases, including drafting of briefs, motions and appearing at all proceedings during the appeal, including oral argument. If necessary, the Staff Attorney shall enforce injunctions and collect judgments issued in these cases. The Staff Attorney is responsible for communicating with opposing counsel and individual complainants during the investigation and litigation of each individual case. The Staff Attorney may also represent the interests of consumers in bankruptcy cases to the extent permitted by law.

B. Investigative and Legislative Functions 40%

Relating to investigations, Staff Attorneys:

• work closely with investigators;

• review investigative reports to determine whether legal action is required;

• provide advice to individual investigators regarding legal issues and obtaining information relevant to pending complaints;

• prepare administrative subpoena in support of investigations;

• conduct examinations under oath to obtain information relevant to investigations;

• negotiate voluntary compliance agreements with individuals and businesses in lieu of court action; and

• exercise discretion in deciding whether to negotiate out-of-court settlements or proceed to trial/hearing on the merits in consultation with the Executive Director and/or Supervising Attorney.

Relating to legislative matters, Staff Attorneys:

• analyze state and federal legislative and regulatory activities related to consumer protection;

• suggest, and with approval, draft, legislative proposals;

• draft testimony for legislative hearings;

• represent the Director and the Office of Consumer Protection at legislative hearings, town halls, and formal or informal working groups relating to legislative matters.

C. Work Groups and Educational Outreach 15%

Staff Attorneys participate in and represent OCP in local, state and/or federal working groups, task forces and multistate investigations. With the Executive Director’s approval, Staff Attorneys engage with media and perform educational outreach with community groups, businesses, and individuals.

D. Performs Other Duties as Assigned 5%

Nature of Supervisory Oversight

The Staff Attorney works under the supervision of the Executive Director and the Supervising Attorney. The Staff Attorney reports directly to the Supervising Attorney, and the Executive Director as necessary, and is expected to make regular reports on the status of the cases assigned to them.

The Staff Attorney should consult with the Supervising Attorney and/or the Executive Director as necessary on substantive issues arising in any case assigned to them, including settlement. The Executive Director oversees the management and operation of OCP, which includes the supervision of up to five Staff Attorneys, eight investigators, and four clerical assistants.

The Staff Attorney shall adhere to all Rules of Courts, including the Hawaii Court Rules, the United States District Court Rules, and the Hawaii Rules of Professional Conduct.

REQUIREMENTS

The attorney shall be a graduate of a law school accredited by the American Bar Association, shall be licensed to practice law in the State of Hawaii, and shall remain a member in good standing in the bar while employed by OCP.

RECOMMENDED QUALIFICATIONS

A. Knowledge

Possess experience in litigating civil cases, including research, writing, working with witnesses, conducting all phases of discovery and participating in trial.

B. Skills/Abilities

Possess excellent communication skills both oral and written with the ability to research and prepare memos and pleadings on complex legal issues, including appellate briefs. Working knowledge of computers and the internet, including a proficiency in conducting online legal research and the use of software programs such as Word, Excel, PowerPoint and Adobe Acrobat.

C. Experience

Staff Attorney II: A minimum of two (2) years of civil litigation or comparable legal experience including research and preparation of pleadings, motions or other court documents, as well as conducting discovery and court appearances. A judicial clerkship may substitute for civil litigation experience in appropriate circumstances.

Staff Attorney III: A minimum of five (5) years of civil litigation or comparable legal experience including research and preparation of pleadings, motions or other court documents, as well as conducting discovery and court appearances.

HOW TO APPLY:

Please complete and submit an Application for Non-Civil Service Appointment (HRD 278). Applications can be found at https://cca.hawaii.gov/jobs/

Please email resume and application to [email protected].