Justice Manual § 3-4.213

Other reference(s): 5 C.F.R. § 213; 28 U.S.C. § 543; 28 U.S.C. § 542

Attorneys appointed to the Executive Office for United States Attorneys (EOUSA) are excepted from the competitive service as Schedule A employees, 5 C.F.R § 213.3102, and are compensated in accordance with the General Schedule pay scale.

Assistant United States Attorneys appointed to United States Attorneys’ offices (USAOs), are excepted from the competitive service under the aegis of 28 U.S.C. § 542, and are compensated in accordance with an administratively-determined pay system.

United States Attorneys are authorized to recruit, screen, and submit nominations of the best-qualified candidates to serve as Assistant United States Attorneys. Appointments must be approved by the Office of Attorney Recruitment and Management.

Law Clerks. Law Clerk appointments may be made to law school graduates who have not passed the bar, not-to-exceed 14 months or less under the aegis of 5 C.F.R. § 213.3102(e). Law Clerks are counted against authorized AUSA positions or Paralegal Specialist positions, at the option of the United States Attorney and subject to available funding. Any Law Clerk position counted against the latter category, however, will be funded at the average salary for a Paralegal Specialist position. Law Clerk recruiting and appointments are administered by the Office of Attorney Recruitment and Management.

Special Assistant United States Attorneys and Special Attorneys. The Director, EOUSA, is responsible for administering the Special Assistant United States Attorney (SAUSA) and Special Attorney program. The cross-designation of State, Local and Tribal attorneys as SAUSAs, the appointment of compensated and uncompensated SAUSAs and the appointments of Special Attorneys must be approved by EOUSA.

Summer Law Intern Program (SLIP). SLIP appointees receive appointments as Paralegal Specialists, GS-950, under the aegis of 5 C.F.R § 213.3101. OARM administers the SLIP program and announces opportunities for students to apply on an annual basis.

Assignment of Attorney Work to Incumbents of Non-Attorney Positions. USAO employees in the General Schedule (GS) who possess a professional law degree (LL.B., J.D., or LL.M.) and who have passed the Bar may be assigned attorney duties only after being appointed as an Assistant United States Attorney (AUSA) or as a Special AUSA (SAUSA). GS employees are eligible for detail to a SAUSA appointment only if their GS rate of basic pay falls within the pay range of the appropriate Administratively Determined (AD) grade level. Otherwise, GS employees must be converted to compensated SAUSA appointments before being assigned attorney work.

Pathways Internship Program (Student Employment).

Separation of the Schedule C Secretary to the United States Attorney. When a Presidentially-appointed, Senate-confirmed United States Attorney (PAS) separates during a change of administration, all Schedule C employees (if any) in the USAO are expected to resign no later than the date the PAS separates. It is important to note that the Department of Justice can terminate a Schedule C appointment at any time and such termination may happen at the end of an administration. Schedule C employees are political appointees and should understand that a change in administration is a valid reason for them to vacate their positions.

When a PAS separates outside a change of administration, the District’s interim USA may retain or terminate Schedule C employee(s). While the Executive Office for United States Attorneys (EOUSA) recommends that Schedule C employees be provided 30 days advance notice of termination, less than 30 days advance notice also is permitted. The Director, EOUSA, is authorized to sign a letter notifying the Schedule C employee of the effective date of the termination.

A new PAS may retain on the same appointment, a Schedule C employee who was retained by the District’s interim USA.