Mental Health Hearing Officer (Attorney Mediator) - ...

OverviewThe Hearing Officer must be an active member of the California State Bar. This position is a part-time non-regular role providing a limited hearing schedule in conjunction with other part-time Hearing Officers as back-up to the primary Hearing pensation and ExpensesPart-time Non-Regular Mental Health Hearing Officer's, shall be compensated for a scheduled "Hearing Block" at the rate of $310 for each assignment. Expenses for mileage and parking in conjunction with hearings and attendance at one administrative meeting per quarter will be reimbursed upon submission of receipts and mileage claim form. A "Hearing Block" is a block of time required to complete scheduled hearings at one or more facilities. Hearing Blocks are typically an average of four (4) hour blocks in either the morning or afternoon during the work week, but can be shorter or longer depending on case load. Hearing Block activity may also include hearing officer related business such as presentations or training when requested by the Supervising Judge. Initial agreements will be pro-rated to reflect services through the current fiscal year. This Extra-Helper, non-regular position is necessary to provide services due to calendar overlap or when workload demands require additional officers, coverage for vacation, illness, holidays and other Court demands.Typical ScheduleTypical schedule: Mondays, Thursdays, Fridays and as needed for coverage. Schedule subject to change depending on needs of the Court. The Welfare and Institutions Code provides for the conduct of certain hearings for persons subject to involuntary treatment in mental health facilities. Section 5250 et seq. provides for a Certification Review Hearing to determine whether probable cause exists to detain a person for intensive treatment related to mental disorder or impairment by chronic alcoholism. Section 5332 et seq. provides for Capacity Hearings to determine whether a patient detained for treatment lacks the legal capacity to consent or withhold consent to antipsychotic medications. In Santa Clara County, these hearings are conducted by Mental Health Hearing Officers. The Superior Court is responsible for the selection, compensation, and oversight of the hearing officers.Typical TasksConduct informal hearings applying the appropriate rules of evidence and civil procedure, and consistent with the Mental Health Hearing Program Procedures as established by the Superior Court at designated facilities in the county.Apply Welfare and Institutions Code 5250 (certification reviews) to determine whether probable cause exists to detain a person for intensive treatment related to a mental disorder or impairment by chronic alcoholism.Apply Welfare and Institutions Code 5352 et seq. (Capacity Hearings) to determine whether a patient detained for treatment lacks the mental capacity to consent or withhold consent to antipsychotic medication.Services To Be PerformedConduct certification review and capacity hearings in psychiatric hospitals throughout Santa Clara County as assigned by the primary full-time Mental Health Hearing Officer, pursuant to W&I Code Sections 5250 et seq and 5325 et seq and the Superior Court Policies and Procedures for Certification Review and Capacity Hearings.Ensure notices and decisions pertaining to matters heard by the Hearing Officer are completed and filed or delivered to the Superior Court/County Clerk.Attend meetings as arranged with the primary full-time Mental Health Hearing Officer.Maintain hearing logs as needed to support monthly claims and assist in the collection of program statistics.QualificationsActive membership in the State Bar of California; or admitted to the State Bar (currently active membership not required).Minimum of ten (10) years post-bar experience in private practice, a legal service provider, or a governmental agency.All hearings in the mental health facilities located throughout the County are held virtually via Microsoft Teams.Submission to background investigation is required upon conditional offer of employment.Minimum of 10 years of legal experience as a licensed attorney.Knowledge OfLegal principles and methodology; California State Mental Health Laws.Experience working with persons with mental disorders; knowledge may have been obtained in a recognized clinical agency, mental health clinic, psychiatric hospital, etc.Representing clients at hearings related to conservatorship, social security benefits, Habeas Corpus proceedings, etc.Ability ToConduct fair and impartial hearings and obtain pertinent evidence while maintaining trust and respect.Extract pertinent facts from clinical testimony and patient case terpret complex legal and psychiatric regulations; analyze and apply legal principles, facts, evidence, and precedents to issues.Present clear and logical statements of fact, law, and arguments orally and in writing.Contribute effectively to the formulation and administration of the Mental Health Hearing Program.Establish and maintain effective working relationships with the Superior Court Bench, the Bar, mental health facilities, governmental agencies, and Court staff.Maintain a valid driver's license and vehicle insurance.Working ConditionsThe work environment is generally indoors with limited exposure to dust, fumes, odors, and noise. Incumbents may work under difficult and stressful conditions with frequent deadlines and expectations for high-quality work, and periodic contact with angry and confrontational individuals. Must be able to work independently as well as with others.Essential FunctionsSpecific tasks and duties may vary, but essential functions include the following: use of a computer for advanced clerical and communications tasks; regular contact with court divisions, government agencies, the public, and vendors; lifting and carrying of files and materials up to 10 lbs; and working under time constraints and pressure.Physical DemandsAbility to use a computer keyboard and read a video display terminal; listen to requests from the public and court staff and respond appropriately; lift up to 10 lbs; reach for items above and below desk level; stand and sit for long periods as needed.Examination and ApplicationA screening panel will select the most qualified applicants to participate in a written and/or oral examination. The process may include application appraisal, written examination, or oral examination. This recruitment requires online application submission and an electronic copy of your resume. A supplemental questionnaire must be completed.Equal Employment OpportunityThe Court is an equal opportunity employer. All applicants will be considered without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, veteran status, or disability status. The Court provides reasonable accommodations for applicants with disabilities. For accommodations, contact Human Resources at or (408) 882-2700. TDD: (408) 882-2787.GeneralThe Court must verify identity and employment authorization for new employees in accordance with the 1986 Immigration Reform and Control Act after an offer of employment is made. For information regarding verification, contact Human Resources at (408) 882-2747. #J-18808-Ljbffr

Created: 2025-09-25