Tribal Prosecutor - Contractual

SUMMARY

This position is a function of Tribal Management Support as a Sub-Department of Tribal Government. The Tribal Prosecutor is the chief law enforcement officer of the Tribe and shall be responsible for all criminal investigations and prosecutions in Tribal Court, including arraignments, motions, trials and appeals. This is an appointed position for a term of two years.

ESSENTIAL DUTIES AND RESPONSIBILITIES

• Prosecute violations of the Tribe's constitution, criminal code, ordinances and resolutions in Tribal Court.
• Advise GTB Law Enforcement with respect to actions in specific criminal matters and about law enforcement policies, practices, and protocols.
• Assist GTB Law Enforcement in developing and administering training programs for law enforcement personnel regarding matters and cases under investigation, matters submitted for charging, and the law as it relates to law enforcement activities.
• Work closely with the Tribal Court Administrator/Program Director and Tribal Judge to improve the delivery of services within the Tribal Court and to assist the Court in case management and docket preparation.
• Serve as presenting officer in the Tribe's Children's Court and represent the Tribe in Indian Child Welfare cases in state jurisdictions.
• Prosecute violations of the Tribe's fishing and conservation regulations as well as the regulations of the Chippewa-Ottawa Treaty Fishing Management Authority, in the Tribe's Conservation Court.
• Maintain a working relationship with local, state and federal jurisdictions and establish a protocol for coordinating criminal investigations and prosecutions with such local, state and federal jurisdictions.
• Review all charges and complaints of violations of Tribal codes and ordinances and determine what charges to bring and whom to charge.
• Review all requests for arrest warrants and search warrants to determine if all constitutional requirements are satisfied prior to approval of authorization.
• Serves, in his/her civil capacity, as in-house counsel for the various departments of Tribal government and shall render legal opinions when requested to do so.
• The Tribal Prosecutor may give advice to Tribal members and employees and shall provide pro-bono services to Tribal elders or Tribal members who are having legal problems, which may be related to their status as Native Americans. These services may only be provided as time permits and may not take priority over normal prosecutorial duties.
• Issue subpoenas for compelling or producing documentation in criminal investigations and investigations into civil violations of the GTB Constitution.
• Grant immunity, with Tribal Court approval, to any witness (Section 105).
• Review and make recommendation to the department manager on program budget.
• Review monthly grant status reports on expenditures in coordination with department manager.
• Review and submit department performance measures as necessary to perform functions of office efficiently.
• Submits monthly activity report of Prosecutor's Office along with statistical information as required.
• Participate in departmental meetings, committee's involving prosecution office and working groups related to prosecution.
• The Tribal Prosecutor's Ordinance shall be referenced as a part of the job description; appointment, qualification, duties and other functions of the position; in the Grand Traverse Band Code, Title 3, Justice, Ch. 1 Office of Tribal Prosecutor, 101-109.
• Other duties as assigned.

OTHER SKILLS AND ABILITIES

• Must have outstanding written and verbal communication skills.
• Good time management and organizational skills are critical.
• Excellent interpersonal skills with demonstrated patience, tact, and respect.
• Exceptional detail and follow-up skills.
• Work requires proficiency in computer literacy, preferably in Microsoft Windows, Word, Excel, and other Microsoft office products and database applications. Must be proficient with Access database.
• Ability to quickly evaluate alternatives and decide on a plan of action.
• Recognizes technical problems or deviations from normal procedure and confers with immediate supervisor to resolve them after searching precedents to develop a recommended solution.
• Uses excellent judgment in interpreting guidelines, laws, in adapting department procedures, or in recommending approaches or solutions for specific problems.
• Attend all training classes necessary to keep skills updated.
• Knowledge of tribal, state and federal laws required.
• Knowledge of office management.
• Knowledge of the organization with emphasis on prosecution work.
• Ability to research, analyzes, and evaluates criminal and civil proceedings.

ADDITIONAL RESPONSIBILITY

Provide 30 hours of time on an annual basis to perform duties for the Compensation Committee as needed in conjunction with their responsibilities as defined in 1 GTBC Chapter 4.

EDUCATION and/or EXPERIENCE

• Any person shall be eligible to serve as Tribal Prosecutor only if he/she:
• Is an attorney in good standing licensed to practice law in any state in the United States and/or is a member of the Grand Traverse Band who has attained the age of eighteen (18); preferably a licensed attorney in good standing.
• Has not been convicted, within ten (10) years of such appointment, of any felony by a court of competent jurisdiction; and
• The Tribal Prosecutor shall attend training and seminars and accumulate continuing legal education units equal to the requirements of the State Bar of Michigan for new lawyers, in order to stay current on trends in criminal and civil matters pertaining to his or her function as prosecutor.
• Two or more years of professional related experience in prosecution; or any equivalent combination of education, experience, and training that provides the required knowledge, skills, and abilities.
• Must have a valid, unrestricted driver's license and be insurable with GTB's insurance carrier

SUPERVISORY RESPONSIBILITIES

No supervisory responsibility is required.

EQUIPMENT TO BE USED

General office equipment such as, calculators, computers, modem, copiers, fax, phone systems, etc.

TYPICAL PHYSICAL DEMANDS

Work requires sitting, lifting, reaching, walking, and lifting heavy objects, such as a case of paper or several books at once. Also requires manual dexterity to operate office equipment, keyboarding, copiers, etc. Should have corrected normal range of hearing and sight. Work includes driving between governmental offices and Tribal Court Building for court sessions.

TYPICAL MENTAL DEMANDS

The employee uses judgement in identifying and selecting the most appropriate procedures to use, or in determining which of several established alternatives to use. Some deadlines are involved, so there is time pressure on occasion.

WORKING CONDITIONS

A good deal of work is performed in an office environment, but it is important to realize that some of the work is in the offices of the various tribal properties and that you are expected to go on-site on a regular basis.

COMMENTS

Native American preference will apply. Must be willing and able to pass a background investigation and a drug and alcohol urinalysis as a condition of employment. Adherence to strict company policy regarding confidentiality is a must.

The above statements are intended to describe the general nature and level of work performed by people assigned to this classification. They are not intended to be construed as an exhaustive list of all responsibilities, duties and skills required of personnel so classified. Management retains the right to add or to change the duties of the position at any time through approved motion by Tribal Council. * Any qualifications to be considered as equivalents in lieu of stated minimums require prior approval of the Director of Human Resources.

Current Openings for Tribal Prosecutor Contractual Jobs at Grand Traverse Band of Ottawa and Chippewa Indians