Tribal Deputy Prosecutor

Winnebago, United States

Benefits:

401(k)
Paid time off
Wellness resources

Open Until Filled

Tribal Deputy Prosecutor

Reports to: Chief Clerk/Tribal Court Administrator

Salary (Grade): $30.00/hr

Status: Reg. Full-Time (Non-Exempt)

Location: Tribal Court, Winnebago NE 68071

Job Purpose & Position Overview:

Incumbent is responsible for conducting prosecution in all criminal court proceedings.
The Winnebago Tribal Prosecutor conducts the prosecution of adult criminal cases, juvenile delinquency cases, and civil offenses involving violations of the Traffic, Wildlife and Animal Control statutes, representing the Winnebago Tribe of Nebraska at all stages of these proceedings in the Winnebago Tribal Court.
The Tribal Prosecutor presents to the Court all cases of adult Civil Commitment, and prosecutes the case on behalf of the petitioner.
When there is no Presenting Officer appointed to represent the Tribe in cases involving neglected or dependent children, or minors-in-need-of-care, the Tribal Prosecutor also represents the Tribe in those cases. Incumbent is the designated representative providing or supervising services required by the Indian Child Welfare Act and Adult and Child Protection Services Agreement and the Winnebago Tribal Code.
The Tribal Prosecutor works with Tribal Organizations, law enforcement agencies, both on and off the Reservation, including the FBI and the US Attorney's Office, and prosecutor's offices in other jurisdictions.

Specific Job Duties/Responsibilities:

Pursuant to WTC §1-243: There is hereby created an office which shall be known as the prosecutor’s office. The officers shall be known as prosecutors and shall be officers of the Winnebago Tribal Court System. [TCR 96-22]
Pursuant to WTC §1-244:

The prosecutor is charged with the responsibility of seeing that justice is administered within the Tribe’s jurisdiction.

It is the duty of the prosecutor(s) to know and be guided by the standards of professional conduct as defined in the Codes and canons of the legal profession.

It is the duty of the prosecutor to do such other duties which shall be required in this Code and which shall be required to carry out the efficient operation of the Tribal Court. [TCR 86-79]

Demonstrates the Winnebago Tribe’s core mission, vision, and values.
Review police reports and determine whether there is sufficient evidence to prepare and file a complaint charging the accused with crimes under the Winnebago Tribal Code, and obtain additional information from law enforcement personnel when required.
Appear in court at all stages of criminal prosecutions including arraignments, pre-trial conferences, trials, sentencings or dispositions, and all other evidentiary and procedural hearings.
Prepare all pleadings, including adult criminal complaints, traffic complaints, and juvenile delinquency petitions, and prepares and responds to motions filed in the Tribal Court.
Formulate trial strategy, conduct plea negotiations and prepare jury instructions. Meet with and interview witnesses and victims to ascertain facts of case and prepare for trial.
Represent the Tribe in appeals pursuant to trial court responsibilities.
Review new cases with victim witness coordinator to maintain a point of contact and information during criminal proceedings.
Evaluate appropriate court intervention in juvenile delinquency cases based on information provided by court staff or service providers.
When no special prosecutor is available, prepare and file Minor-in-Need-of-Care petitions and Temporary Protective Custody applications. If there is no special prosecutor, appear on behalf of the Tribe at all proceedings in Minor-in-Need-of-Care including initial appearances, adjudications, dispositions and regular case reviews.
Prepare talks and present information and instruction in legal issues for law enforcement and other agencies, and participate in meetings with community organizations.
Attend seminars and conferences to maintain continuing education in specialized areas of the law as well as child support training programs, workshops, seminars, and collaborative meetings as appropriate.
Reviews pertinent decisions, policies, regulations and other legal matters that pertains to case.
May present evidence against accused to the judge or jury for indictment or release of accused.
Appears against accused in court of law and presents evidence before the judge to present to the court all pleadings, motions, orders, and such other documentation, as is necessary to initiate, review and close cases.
Works with community resources to develop alternative sentencing.
Prepares monthly reports on case status, and such other reports as requested by the Chief Clerk / Administrator.
Conduct pre-trial investigations necessary for case preparation.
Assist in the use of legal remedies for civil action and enforcement remedies in efforts to obtain and/or enforce court orders.
Assist with drafting resolutions and other legal documents as necessary.
Serve as a technical resource on legal procedures and civil investigation methods.
Provide other services as needed or assigned by the Tribal Court Administrator.
All other job related duties as assigned by the immediate supervisor.
Duties listed are only an illustration of the various types of work performed. The omission of specific duties does not exclude them from the position if the work is similar, related, or a logical assignment.

Required Qualifications/Skills:

Licensed or qualified attorney at law.
Have never been convicted of a felony for which he/she did not receive a full pardon.
Must be of high moral character.
Must be familiar with the code of professional ethics for attorneys.

Supervisory Responsibilities:

Training Requirements:

As Directed by management

Physical Requirements:

Heavy office work which includes the ability to lift up to 20-40 lbs.
Regularly required to walk, stand, and sit for extended periods of time and use hands to operate computer keyboard, phone, and various office equipment.
While performing daily duties, the employee is regularly required to talk and listen.

Mental Requirements:

Reading, writing, calculating
Above average social interaction skills
Reasoning/Analysis
Works with minimal to no supervision

Language Requirements:

Must possess the ability to read, write, and speak the English language fluently.
Must be able to continually and effectively employ professional verbal and written communications skills.

Certificates, Licenses & registrations:

All applicants will comply with 45 CFR 1301, Subpart D, Section 1301.31, C and D, which require all prospective employees to sign a declaration prior to employment regarding all arrests and convictions of child abuse or violent felonies and to comply with PL 101-630 and PL 101-637 regarding criminal records check.

HOW TO APPLY:

Submit an application at www.winnebagotribe.com, a resume, cover letter, and two (2) letters of recommendation are required. Applications submitted after the closing date or without proper documents will not be considered.
If claiming Native American or Veteran preference, please include pertinent documentation.
Call Human Resources at 402-878-2272 for further information.

As provided by Federal Law, all qualified Native American applicants shall receive preference over Non-Native American applicants. In the absence of qualified Native American applicants, consideration will be given to all other applicants without regard to race, color, religion, sex, sexual orientation, national origin, age, marital status, veteran status, genetic information, disability or any other reason prohibited by law in provision of employment opportunities and benefits.

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