The Department of Mental Health (DMH) is seeking to hire an Assistant General Counsel who will work under the direction of the General Counsel. The incumbent will be responsible for representing DMH in legal proceedings which will include, but may not be limited to, mental health commitments, applications for discharge, guardianship, and petitions in Probate and District Court seeking authority to administer anti-psychotic medication. Prior experience in mental health law is strongly preferred.

The Assistant General Counsel may also be assigned to represent DMH in administrative hearings regarding service planning and eligibility appeals, or hearings before the Bureau of Special Education Appeals in which joinder of DMH is contested. This position also requires the provision of legal advice and training to administrative and clinical staff on matters relevant to DMH's mission and operations, such as the Department's regulatory standards, guardianship and commitment law, risk management, and human rights.

Please note The incumbent will be assigned to a primary site, but travel to other locations will be required as needed.

Duties and Responsibilities (these duties are a general summary and not all inclusive):

• Prepares, participates, and leads cases involving DMH before judicial and quasi-judicial bodies so that the Department’s position is well presented.
• Provides legal consultation and advice to DMH staff by conference and in writing so that they are aware of any legal issues which need their consideration.
• Conducts legal research on a variety of legal issues relating to the operation of the department by using legal research methods to stay informed about legal issues affecting its operation.
• Prepares legal memoranda, petitions, motions, reports and opinions by conducting research and analyzing the facts and the law so that sound legal positions are taken and advice is provided.
• Participates in drafting of regulations, legislation or policy, upon request, by applying legal skills to ensure that the DMH’s mandates are clearly and accurately expressed.
• Assists the Attorney General’s Office in the preparation of cases in which the department is an interested party by serving as a liaison between DMH staff and the A.G.’s office.
• Conducts investigations in matters within the department’s jurisdiction by interviewing necessary parties and reviewing pertinent documentation; assists in the investigation of tort claims.

• Interprets laws, court decisions and opinions as they may relate to the Department through legal analysis so that the Department will be able to make well-informed decisions.

Required Qualifications:

• Member of Massachusetts Bar.
• Knowledge of theory and practice of law.
• Knowledge of legal research methods and procedures.
• Ability to read and interpret legal documents.
• Capacity to exercise independent judgment, handle matters in a professional manner.
• Ability to prepare technical and general reports and opinions.

Preferred Qualifications:

• Legal experience in the practice of mental health/guardianship law, experience in oral advocacy, and one or more years of practice in the Probate and/or District Courts are preferred.
• Legal experience in handling forensic commitment cases.
• Experience in handling appeals and appellate advocacy.
• Excellent interpersonal and communication skills and the ability to work collaboratively with a wide variety of staff demonstrating personal initiative.
• Ability to work under pressure and with a wide variety of individuals.
• Skilled in working independently, oversee a substantial caseload, and work effectively with diverse populations.
• Proficient usage of Microsoft Office products including Word, Excel and Outlook.
• Given the population served, bilingual or multilingual fluency.
  

DMH Mission Statement:

The Department of Mental Health assures and provides access to services and supports to meet the mental health needs of individuals of all ages, enabling them to live, work and participate in their communities. The Department establishes standards to ensure effective and culturally competent care to promote recovery. The Department sets policy, promotes self-determination, protects human rights and supports mental health training and research.

Pre-Offer Process:

A criminal background check will be completed on the recommended candidate as required by the regulations set forth by the Executive Office of Health and Human Services prior to the candidate being hired. For more information, please visithttp://www.mass.gov/hhs/cori

Education, licensure and certifications will be verified in accordance with the Human Resources Division’s Hiring Guidelines.

Education and license/certification information provided by the selected candidate(s) is subject to the Massachusetts Public Records Law and may be published on the Commonwealth’s website.

ADA Reasonable Accommodation:

If you require a reasonable accommodation with the application/interview process, please contact us at: EOHHS Candidate ADA Requests

For questions regarding this requisition, please contact the Executive Office of Health and Human Services, Human Resources at 1-800-510-4122 Ext. #4.

First consideration will be given to those applicants that apply within the first 14 days.

MINIMUM ENTRANCE REQUIREMENTS: Applicants must have a Juris Doctor (JD) degree, admission to the Massachusetts Bar and (A) at least three years of full-time, or equivalent part-time, professional experience in the practice of law.

Incumbents may be required to have a current and valid Motor Vehicle Drivers License at a Class level specific to assignment.

Salary placement is determined by a combination of factors, including the candidate’s years of directly related experience and education, and alignment with our internal compensation structure as set forth by the Human Resources Division’s Hiring Guidelines. For all bargaining unit positions (non-management), compensation is subject to the salary provisions outlined in the applicable collective bargaining agreement and will apply to placement within the appropriate salary range.

Comprehensive Benefits

When you embark on a career with the Commonwealth, you are offered an outstanding suite of employee benefits that add to the overall value of your compensation package. We take pride in providing a work experience that supports you, your loved ones, and your future.

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An Equal Opportunity / Affirmative Action Employer. Females, minorities, veterans, and persons with disabilities are strongly encouraged to apply.

The Commonwealth is an Equal Opportunity Employer and does not discriminate on the basis of race, religion, color, sex, gender identity or expression, sexual orientation, age, disability, national origin, veteran status, or any other basis covered by appropriate law. Research suggests that qualified women, Black, Indigenous, and Persons of Color (BIPOC) may self-select out of opportunities if they don't meet 100% of the job requirements. We encourage individuals who believe they have the skills necessary to thrive to apply for this role.