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Home , Attorney general, Ken Paxton, Law clerk, Original Jurisdiction, Supreme Court of Texas, Texas Attorney General

THE ATTORNEY GENERAL OF

Law Clerk Program

OFFICE OF THE ATTORNEY GENERAL CLERK PROGRAM

Mission agency. Actions that benefit all citizens of Texas include enforcement of health, safety, and consumer The Law Clerk Program strives to introduce regulations; educational outreach programs; and qualified law students from around the country to protection of the rights of the elderly and disabled. the rewarding and diverse legal work of the Office of The Attorney General is also charged with the the Attorney General of Texas. collection of -ordered child support and the administration of the Compensation to Victims of The Agency Crime Fund. The Attorney General is the for the state of Texas and is charged by the Texas Constitution to Law Clerk Program defend the and the Constitution of the state of Texas; represent the state in litigation; and approve The OAG welcomes applications from qualified public bond issues. To fulfill these responsibilities, students from any accredited law school in the country. the Office of the Attorney General (OAG) serves as OAG law clerks work with agency attorneys; conduct legal counsel to all boards and agencies of the state legal research; and draft pleadings, memoranda, and/ government; issues legal opinions when requested or briefs. OAG law clerks may also assist in developing by the , heads of state agencies, and other discovery, interviewing witnesses, conferencing with officials and agencies as provided by Texas statutes; other state agency representatives, and attending sits as an ex-officio member of state committees and hearings or trials. commissions; and defends challenges to state laws and suits against both state agencies and individual Law students selected for the OAG Law Clerk Program employees of the state. should expect a competitive application and interview process, including a review of law school performance, and evaluation of research and writing skills. The OAG has taken on numerous other Applicants must also pass a criminal background roles throughout the years. In addition to its check. All law clerks must comply with agency policies constitutionally prescribed duties, the OAG files civil and procedures during their clerkships. suits upon referral by other state agencies. In some circumstances, the Attorney General has original jurisdiction to prosecute violations of the law, but in most cases, criminal prosecutions by the attorney general are initiated only upon the request of a local . Although the Attorney General is prohibited from offering legal advice or representing private individuals, the Attorney General serves and protects the rights of all citizens of Texas through the activities of the various divisions of the

1 THE OAG OFFERS SEVERAL TYPES OF THE OAG DIVISIONS POSITIONS Administrative Law Division Law Clerk First-year and second-year law students are eligible The Administrative Law Division represents the to apply for fall, spring, and summer unpaid state of Texas and its agencies in matters pertaining clerkships. Second-year law students may apply to administrative law in state and federal during fall on-campus interviews at Texas law and in administrative proceedings. The division schools or via the online application available on the prosecutes and defends cases involving a wide variety OAG website. First-year law students are eligible of matters, including occupational licensing, child to apply after they have completed one semester of care, health care, education, workers’ compensation, law school. Summer law clerks can complete six to and public employee retirement matters. 12-week terms between May and September. Fall and spring clerkships with the OAG tend to follow The division’s legal work can be broadly categorized law school semesters. Depending on law school into four areas: enforcement litigation, agency requirements, law clerks may receive credit or defense litigation, legal counsel, and other legal extern requirement fulfillment for their clerkships, proceedings. The division provides general counsel which may be in Austin or any of the regional offices support to state agencies, many of which do not have of the agency. Accepted second-year law students in-house counsel. Attorneys routinely provide advice receive offers after the fall semester interviews, to these agencies and their governing boards on a and accepted first-year law students receive offers broad range of topics, including the Administrative during the spring semester. Procedure Act, the Open Meetings Act, the Public Information Act, rulemaking, contracting, Intern employment, pre-litigation, and statutory Students enrolled in studies and construction and interpretation. The division also undergraduate pre-law programs are eligible for includes a section devoted solely to litigation support unpaid internships. Interns receive course credit or for the Open Records Division of the Office of the exposure to working in a legal environment. Most Attorney General and a section that represents state internships are available during the fall and spring agencies as consumers in utility rate proceedings. semesters, but summer internships may also be available. Internships are available in Austin or any The division presents conferences on government of the regional offices of the agency. law and liability for board members and agency administrators. The division also assists in Volunteer Lawyer publishing the Administrative Law Handbook. The OAG welcomes law school graduates to the agency as volunteer who are completing Antitrust Division sponsored fellowships. These positions are located in Austin or any of the regional offices of the agency The Attorney General is charged with investigating but only during the fall and spring semesters. and prosecuting violations of the Texas Free Enterprise and Antitrust Act and of the federal antitrust statutes, which prohibit anticompetitive conduct. If antitrust violations are detected, the

2 Antitrust Division can file suit in federal or state Loan Section is responsible for pursuing collection court. The Antitrust Division represents the state as of student loans originated by the Texas Higher well as state agencies and other political subdivisions Education Coordinating Board when the borrower in these legal actions, and although the Attorney or co-signor is in default. General cannot represent individual consumers directly, many settlements provide restitution for Child Support Division individual consumers. The Child Support Division is the largest division Conduct that may be investigated by the Antitrust within the OAG and has over 70 field and regional Division includes behavior by monopolist and offices around the state to serve the public. In antitrust conspiracies, such as price fixing, bid- accordance with state and federal law, the OAG is rigging and territorial or customer allocation to responsible for the establishment and enforcement reduce competitiveness in a free and open market. of child support. The OAG represents the state In addition, the division conducts merger reviews and cannot represent individuals involved in child to determine if a proposed combination will support claims. The agency’s Child Support Division substantially lessen competition. Investigations can has a responsibility to assist parents in obtaining be local, regional, or national in scope and are often the financial support necessary for children to joint investigations with either the Federal Trade grow up and succeed in life. To encourage parental Commission, the U.S. Department of Justice, and/or responsibility, the Attorney General establishes one or more other state attorneys general. paternity of children, establishes court orders for financial and medical support, and vigorously Bankruptcy and Collections Division enforces support orders. The Attorney General promotes the emotional involvement of both parents The Bankruptcy and Collections Division is the in the life of the child by working with community centralized collection unit for the state, charged with groups, schools, and hospitals. Because of its size, the the responsibility to recover all debts, judgments, Child Support Division operates its own law clerk, taxes, fees, fines, penalties, loans, and other intern, and volunteer attorney program. Interested obligations. The Collection Section uses investigators law students may contact the Child Support Division to locate and identify parties responsible for the at CSD Law Clerk Program, Office of the Attorney debt, and its attorneys pursue collection in state General, Child Support Division, P.O. Box 12017 court. The Bankruptcy Section represents state Austin, TX 78711-2017. agencies in federal court around the country to protect the state’s monetary and regulatory concerns Civil Medicaid Fraud Division in bankruptcy cases. The major state client agencies it represents include: the Comptroller of Public On behalf of the state of Texas, the Civil Medicaid Accounts, the Texas Workforce Commission, the Fraud Division investigates allegations of unlawful Texas Higher Education Coordinating Board, the acts against the Medicaid program in order to Texas Commission on Environmental Quality, the prosecute meritorious claims and recover taxpayer General Land Office, the Texas Railroad Commission, dollars. The division enforces the Texas Medicaid the Texas Parks & Wildlife Department, the Texas Fraud Prevention Act, which provides the state Health and Human Services Commission, the with civil remedies for specific unlawful acts, such Texas Department of Licensing and Regulation, as misrepresentations made to the Texas Medicaid and the . The Student program. Many of the allegations investigated by

3 the division are brought to light by private persons, Crime Victim Services Division whistleblowers or “relators,” who file qui tam actions under seal and provide the state an opportunity The Crime Victim Services Division provides to intervene. Because the qui tam lawsuits often services and resources to crime victims throughout include similar claims under the Federal False Texas. The Crime Victims’ Compensation Program Claims Act, the division works with federal provides reimbursement for out-of- pocket expenses authorities and other states. The Attorney General to eligible victims of violent crime and their families. has statutory authority to self-initiate civil actions The Sexual Assault Prevention and Crisis Services under the Texas Medicaid Fraud Prevention Act and Program provides technical assistance to sexual may receive referrals from its criminal counterpart assault programs and certifies sexual assault nurse in the agency, the Medicaid Fraud Control Unit. In examiners (SANE). The division also administers addition, the division may receive referrals from the the Texas Victim Information and Notification Texas Health and Human Services Commission. Everyday (VINE) system.

Consumer Protection Division Criminal Appeals Division

The Consumer Protection Division works to encourage The Criminal Appeals Division defends state felony a favorable, level, and fair marketplace for the convictions and sentences against constitutional legitimate business community in Texas and to protect challenges in federal court. The division’s attorneys, consumers from unfair, illegitimate business practices representing the director of the Correctional by filing civil lawsuits under the Deceptive Trade Institutions Division of the Texas Department of Practices Act and other consumer protection statutes. Criminal Justice (the inmates’ custodian), provide Although it is widely known for its work in traditional briefing and argument to the federal courts that areas of consumer protection litigation — enforcing the hear these challenges. The division’s attorneys and laws against false, misleading, or deceptive advertising staff also investigate cases, including thorough and marketing practices — the division also takes legal review of the record from state court proceedings, action against nursing homes, assisted living facilities, and conduct evidentiary hearings when warranted home health care agencies, and psychiatric facilities in a case. The division’s attorneys appear regularly that abuse and neglect residents and patients. in federal district courts throughout Texas, in the Court of Appeals for the Fifth Circuit, The division also handles litigation impacting and the of the United States. Capital consumers as referred from other state agencies, litigation attorneys handle petitions for such as the Texas Secretary of State, Texas review on direct appeal from the Texas Court Department of State Health Services, Texas of Criminal Appeals and federal habeas corpus Department of Savings and Mortgage Lending, challenges from the federal district court through Texas Department of Licensing and Regulation, the U.S. Supreme Court. Texas Department of Agriculture, and Texas Higher Education Coordinating Board. The division Criminal Prosecutions Division maintains regional offices in Austin, Dallas, El Paso, , Pharr, and . The Criminal Prosecutions Division is staffed by who practice in both state and federal courts in Texas. These prosecutors handle cases pursuant to the Attorney General’s original criminal

4 jurisdiction, when original jurisdiction is provided resources, including public land litigation involving by Texas law; pursuant to concurrent criminal title and boundary disputes, public beach access, jurisdiction with district and county attorneys, when coastal dune protection, and mineral valuation concurrent criminal jurisdiction is provided by Texas on state lands. The Utilities Section represents law; and pursuant to requests for assistance from the Public Utility Commission in matters relating local prosecutors and offers of assistance to local to regulation of electric and telecommunications prosecutors. The division also works cooperatively utilities in Texas. The Colonias Section investigates with U.S. attorneys in the four federal districts in and prosecutes enforcement litigation against Texas, and prosecutors in the division appear in developers of substandard subdivisions along and federal court as special assistant U.S. attorneys. near the Texas- border. The division consists of four teams of lawyers and subject matter experts in the areas of violent crime Financial Litigation and Charitable and major offenders, human trafficking, white Trusts Division collar crime and public integrity, and juvenile crime intervention. The Financial Litigation and Charitable Trusts Division defends and prosecutes lawsuits involving Environmental Protection Division regulatory and financial matters for state agencies. The division regularly represents over 30 client The Environmental Protection Division (EPD) agencies in litigation, in state and federal court, represents the state in matters pertaining to and trial and appellate courts. Representation of environmental protection, natural resources, and these agencies is primarily based on referrals from public utilities. EPD’s clients include the Commission agencies requesting legal assistance on a case-by- on Environmental Quality, Public Utility Commission, case basis, and the division’s work is composed of General Land Office, Railroad Commission, Water two key areas, overseen by the respective senior Development Board, Department of Agriculture, attorney. Financial litigation matters include Department of State Health Services, Parks and enforcement actions to enjoin fraud or statutory Wildlife Department, and state river compact violations; receiverships; the defense of rules, final commissions. EPD prosecutes and defends cases agency actions, and statutes; breach of in state and federal courts and in administrative suits; and client counseling on related issues. proceedings. The Charitable Trusts section is charged with The work of the division is organized into five protecting the public interest in charity and acts to sections. The Enforcement Section prosecutes protect that interest in a number of ways. cases against those who violate laws protecting Texas has approximately 85,000 active charitable the health and safety of the people of Texas and organizations with federal tax-exempt status and the environment in which they live. The Defense countless trust entities in which the Attorney Section represents the state and its environmental General has oversight authority. The Attorney agencies when their decisions or actions are General exercises this authority by investigating challenged in court or when federal regulators and initiating legal action against charitable impose policy choices that are inconsistent with the organizations and their managerial officials to state’s interests in protecting the environment. The ensure that charitable donations are lawfully Natural Resources Section represents the state in solicited and that assets held by the charitable a variety of matters relating to the state’s natural organization are properly managed, invested, and

5 expended; and by reviewing transactions and legal primary agencies represented include the Texas proceedings involving charitable trusts, including Department of Criminal Justice (TDCJ), component nonprofit corporations. divisions of TDCJ (including the Parole Division), Parole Board, Texas Department of Public Safety, General Counsel Division state university police departments, Texas Alcoholic Beverage Commission, adult and juvenile probation The General Counsel Division provides legal departments, Texas Civil Commitment Office, state research and advice to the Attorney General, the , and some doctors and medical staff of ’s staff, and other divisions of the medical hospitals. These lawsuits include civil rights agency regarding a wide variety of constitutional actions, employment actions under federal and state and statutory issues. The division drafts and reviews law, and claims under the Texas Tort Claims Act. agency administrative rules, procedures, and policies. The division also drafts, reviews, and negotiates Medicaid Fraud Control Unit and agreements on behalf of the agency; and coordinates the approval process for outside The Medicaid Fraud Control Unit conducts criminal counsel contracts and invoices for all state agencies. investigations and prosecutions of Medicaid providers who are suspected of committing fraud General Litigation Division against the Medicaid program. The unit also investigates allegations of physical abuse and neglect The General Litigation Division defends state in nursing homes that receive Medicaid funding. agencies, elected and appointed state officials, and The unit employs investigators and auditors who state employees in employment litigation, education conduct investigations and assist in the prosecution and health care litigation, civil rights litigation, of Medicaid providers who defraud the system or election law cases, as well as other miscellaneous abuse the elderly. litigation. Such suits include claims under the Texas Whistleblower Act, tenure denials, claims of Open Records Division discrimination, student dismissals, and First and Fourteenth Amendment constitutional claims. The The Open Records Division issues written decisions division represents state employees and officials in related to access to public information under Chapter libel, slander, and other tort actions. Additionally, 552 of the Texas Government Code, the Public the division also defends against challenges to the Information Act. The division also provides legal constitutionality of state statutes, election law advice and research to the legislative and executive claims, and the state’s administration of programs, branches of state government and coordinates and such as public education, Medicaid, and the state participates in regional and statewide conferences hospital system. The division handles state and on access to public information. federal suits through all litigation stages, including the appellate process. Opinion Committee

Law Enforcement Defense Division The Opinion Committee researches and drafts legal opinions in response to questions of law posed by The Law Enforcement Defense Division defends all persons authorized by statute to request formal state law enforcement agencies and employees in attorney general opinions. Officials authorized to civil lawsuits filed in state and federal courts. The seek attorney general opinions are: the governor; the

6 head of a department of state government; the head agency lawyers and state officials on complex or board of a penal institution; the head or board of an constitutional and other legal matters. eleemosynary institution; the head of a state board; a regent or trustee of a state educational institution; The Texas OSG appears regularly before the a committee of a house of the ; a Supreme Court of the U.S., the Supreme Court county auditor authorized by law, and the chairman of Texas, the U.S. Court of Appeals for the Fifth of the governing board of a river authority. Circuit, and the intermediate state courts of appeals. Since 1999, OSG attorneys have presented Public Finance Division hundreds of oral arguments in the U.S. Supreme Court, the Texas Supreme Court, the en banc The Public Finance Division reviews and approves Fifth Circuit, and other federal and state courts all bonds and similar obligations issued by state — including arguments before every intermediate agencies, cities, counties, school districts, municipal court of appeals in Texas. OSG has won numerous utility districts, hospital districts, institutions Best Brief Awards from the National Association of higher education, and all other governmental of Attorneys General (NAAG) for briefs filed in the entities or instrumentalities of the state, plus certain U.S. Supreme Court. nonprofit corporations created to act on behalf of political subdivisions. Tax Division

Office of the General The Tax Division defends and prosecutes lawsuits involving the Comptroller of Public Accounts in suits As the chief appellate lawyer for the state disputing audit liabilities or seeking a refund of of Texas, the solicitor general supervises all taxes, including sales, franchise, insurance, and appellate litigation on behalf of the OAG. The motor vehicle taxes. The division represents its client Office of the Solicitor General (OSG) approves agency in litigation, in state and federal court, and all civil and criminal appeals in state and federal trial and appellate courts. The division provides courts involving the state, its agencies, and its advice to the Comptroller, works to ensure that state officials. OSG also directly handles those appeals taxpayer dollars are not expended unnecessarily and determined to be most significant to Texas and to that money owed to the state is collected to the fullest the development of federal and state jurisprudence, extent possible. In its Texas Workforce Commission and appears on occasion in federal and state trial (TWC) work, the division represents TWC in suits courts on matters implicating the state’s most regarding the payment of wages, unemployment critical interests. In addition, the OSG regularly benefits, and the assessment of unemployment taxes. authors briefs for submission to the U.S. Supreme Court and other courts across the Tort Litigation Division nation. The Tort Litigation Division represents state The solicitor general is the state’s chief litigator in agencies and state employees in matters involving the Supreme Court of the United States and the personal injury, medical malpractice, property . In addition, as a member damage, workers’ compensation retaliation, of the Attorney General’s executive leadership workers’ compensation claims, subrogation, and team, the solicitor general serves as a top legal various other tort-related claims brought under the advisor to the Attorney General and advises other Texas Tort Claims Act, the Texas Medical Liability

7 Act, the Texas Labor Code, and the Texas Health damages to state property, defense of employment and Safety Code. The division also evaluates pre- discrimination claims, defense of tort claims, and litigation claims for potential settlement or defense prosecution and collection of certain administrative of such claims and provides advice to numerous penalties. The Transportation Division also handles state entities on tort-related civil matters. In its condemnation cases for all state agencies having the representation of state agencies, the Tort Litigation power of eminent domain. Division ensures that state taxpayer dollars are not expended unnecessarily and that money owed to the state is collected to the fullest extent possible. More information about the Law Clerk Program may be obtained at https://www.texasattorneygeneral. Transportation Division gov/agency/law-clerk-program.

The Transportation Division represents the Texas The Office of the Attorney General is committed to Department of Transportation in all litigation providing a workplace free of discrimination based matters. This includes eminent domain (land on race, sex, religion, color, national origin, age, acquisition), prosecution of violations of highway disability, or genetic information and to providing beautification laws, enforcement of contracts, equal employment opportunities for all individuals recoupment of monies expended by the state seeking employment regardless of the above- for job-related injuries and externally caused identified factors.

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