Transferring within USAO/DOJ Forum

[So_it_goes]

Been working in the Civil Division at the USAO for a little under 2 years now (one of the larger districts but not SDNY EDNY CDCA or NDIL), top law school, COA clerkship, stint in biglaw prior to current gig. I enjoy the Civil Division since, apart from the "slip and fall" FTCA cases or BOP cases, cases typically involve some interesting jurisdictional or procedural issue whether presented through the APA, habeas statute, straight 1331 constitutional claims, etc. That said, I have become interested in moving back to where i grew up for family reasons and was interested in finding out how difficult / (un)common it is to transfer between USAO districts or from the USAO to Main Justice. I've been in my current gig for approximately 2 years (my office didn't have me sign a 3 year commitment), would other offices / people in my office ding me for trying to transfer after that amount of time - like I just used this job to get my foot in the door always intending to jump ship. Also, is it possible (at all) to go from civil AUSA to a Criminal AUSA job? I play around with that idea in my head, since I'd like the experience on the criminal side.

If anyone would be willing to share their advice on transferring between USAO districts / USAO to Main Justice or making a move from civil to criminal, I'd appreciate hearing your insights

[Anonymous User]

Using the word “transfer” strictly, my understanding (from my time as a criminal AUSA) is that while technically there’s a mechanism for transferring between offices, it’s never actually done and you just need to apply to openings when posted.

If by “transfer” you just mean “move to another office,” I have seen that fairly regularly (at least on the criminal side). As noted, there will need to be an advertised opening (unless it’s one of the few offices like SDNY that takes applications year-round, but I don’t think there’s any guarantee as to when SDNY pulls from those apps, whereas an advertised position means you know the other office is actively hiring). Being an experienced AUSA is generally a plus, especially if you can show you have a good reason for wanting to be in the specific district (mine, and many others, love ties). IME, no one would ding you for moving to a new office for family reasons. (The only thing I’ve occasionally seen is suspicion that a candidate wants the USAO on their resume as a stepping stone to going back to their firm as partner or such, and that’s probably office-specific - somewhere like SDNY where that’s the norm probably doesn’t worry about that, but my office doesn’t really feed back to biglaw and wants people to stay).

I have also seen people go to Main Justice, again, when there’s been a job opening. Those positions are usually more specialized so those have usually been people who’ve developed some expertise in a particular area.

I haven’t really seen people go from civil to criminal, though I’m told a couple of people in my office did (years ago now). I’ve seen more people go from criminal to civil and then back. I would think the best course would be to talk to your current supervisor about whether you could jump onto any criminal matters in your current office, as it’s going to be hard to get hired as a criminal AUSA with only civil experience (the exception might be an appellate gig given your COA).

Like I said, no one will hold it against you that you want to change offices (and main justice is close enough), but two years might be a little soon - not to want to move, but to get hired. Most people I’ve seen move around have done so in the 4-7 years sweet spot. That said, your previous stint in biglaw will likely help.

[So_it_goes]

Yes, I meant move to another office within DOJ (as in apply for an open position). Really good stuff. Appreciate the thoughtful response.

[Anonymous User]

This is all super office dependent. Some offices really want extensive experience and great references, others will still demand top law school credentials even for mid career hires. Sounds like you are set on the credentials, but it’s the hiring idiosyncrasies of the destination office you need to worry about. Some offices will let civil AUSAs volunteer for criminal work and get some trials that way, others are much more strictly compartmentalized.