Tribal Deputy Prosecutor
SUMMARY: The Lower Elwha Klallam Tribe is dedicated to fully exercising its sovereignty to prevent and reduce criminal activity and victimization on the Reservation through vigorous and effective investigation and prosecution of crimes combined with effective use of traditional healing and cultural services provided to victims and appropriate corrective action for offenders. The Tribal Prosecutor is a critical partner in advancing these goals while identifying and addressing associated threats to the political, social, and cultural integrity of the Tribe relating to tribal justice and victimization.
Under the direction and supervision of the Tribal Prosecutor, the Deputy Tribal Prosecutor works with the Tribal Police Department, the Indian Child Welfare Program, the Probation Office, the Tribal Natural Resources Department, other tribal departments, and the Tribal Business Committee to assess tribal interests and provide vigorous and effective prosecution of crimes, juvenile delinquency and status offenses, child abuse and neglect, elder abuse and neglect, fish and wildlife offenses, civil exclusion matters, traffic offenses, and other appropriate civil offenses occurring within tribal jurisdiction. The Deputy Prosecutor also provides legal support to the Tribal Police Department, Indian Child Welfare Program, Probation, Domestic Violence Program, and other tribal agencies in submitting and supporting their cases in Tribal Court and Healing Court. The Deputy Prosecutor will also work with the Office of Tribal Attorney to provide strategic planning support and assistance on tribal justice and victimization issues.
LOCATION: Lower Elwha Klallam Justice Center
SUPERVISOR: Tribal Prosecutor; Tribal Attorney
WORK SCHEDULE: Monday-Friday, 8:00 a.m.-4:30 p.m.; Evenings, Nights and Weekends as required 24/7
SALARY LEVEL: To be determined, depending on experience
POSITION STATUS: Regular, fulltime, with benefits
OPENING DATE: January 23, 2023
CLOSING DATE: February 17, 2023
ESSENTIAL DUTIES AND RESPONSIBILITIES:
- Represent the Tribe in prosecution of adults committing criminal acts within tribal jurisdiction.
- Represent the Tribe in prosecution of juveniles committing delinquent acts or status offenses within tribal jurisdiction.
- Represent the Tribe in civil prosecution of child abuse and neglect occurring within tribal jurisdiction.
- Represent the Tribe in ICWA proceedings, drafting notices of intervention and other actions as provided under federal law.
- Represent the Tribe in civil prosecution of traffic offenses, fish and wildlife offenses, exclusion matters, vicious dog offenses, and other civil offenses occurring within tribal jurisdiction as well as quasi-prosecutorial matters in Tribal Court.
- Advise the Tribal Police and ICW in investigation, evaluating evidence, case preparation and preparation of legal pleadings including subpoenas, search warrants, arrest warrants, and pick-up-orders.
- Perform case preparation, including review and production of discovery materials, investigation, interview of witnesses, evaluation of evidence, conduct legal research, and development of case strategy.
- Prepare written pleadings, motions, legal memoranda and briefs, proposed orders, proposed jury instructions, sentencing recommendations, appellate notices and briefs, and other legal documents and forms as appropriate.
- Appear and argue cases in the Lower Elwha Tribal Court at all stages of proceedings, including pre-trial, trial, post-trial, and appeal.
- Work with and refer cases, as appropriate, to the U.S. Attorney’s Office for federal prosecution or the Clallam County Prosecutor’s Office for state prosecution of non-Indian offenders.
- Assist in developing and improving the Tribe’s criminal justice system, including development of codes and court rules, participation in meetings and trainings, and preparation and implementation of grants.
- Advise and assist the Tribal Police Department, the Child Protection Team, the Elwha Public Safety Commission, the Domestic Violence Program, and other tribal agencies and departments in developing and drafting codes, protocols, responses to victimization issues, and other matters implicating tribal justice on the Reservation.
- Serve as Special Assistant U.S. Attorney to prosecute cases in federal court as appropriate.
- Train and consult with the Tribal Police and other agencies as appropriate regarding tribal justice and victimization issues.
- Attend legal seminars, tribal trainings, and meetings as appropriate and necessary to serve the Tribe’s interest and to maintain professional license.
- Respond to calls from victims, concerned family and friends, and service providers.
- Foster organizational and infrastructure development.
- Assist in a variety of department operations; perform special projects and assignments as requested.
- Present and explain key policy issues regarding tribal justice and victimization to Tribal Business Committee, Executive Leadership and Department Directors.
- Prepare and distribute education and outreach materials.
- Assist in organizing or attending community events, forums, and trainings.
- Ensures the availability of 24-hour legal support services to Tribal Police Department and Child Protection Team.
- Maintain confidentiality and adhere to all professional and ethical standards required by the Washington State Bar Association and any other bar associations of which the Deputy Prosecutor is a member.
- Other duties as assigned.
KNOWLEDGE, EXPERIENCE, SKILLS, AND ATTRIBUTES:
- Active member in good standing of the Washington State Bar Association, or other State Bar Association, with ability to become member of Washington State Bar Association within one year of hire.
- Knowledge of tribal, state, and federal law relevant to proceedings in the Lower Elwha Tribal Court.
- Willingness to learn about and to respect the culture and traditions of the Lower Elwha Klallam Tribe.
- Ability to employ tact, courtesy, positivity, flexibility, and healthy perspective in the workplace.
- Ability to maintain professionalism while interacting with a wide variety of people in a fast-paced, emotionally-charged, crisis-oriented environment.
- Ability to pass pre-employment UA drug/alcohol screening and comply with drug-free workplace policy thereafter, subject to random testing.
- Ability to pass pre-employment background check demonstrating no felony conviction in tribal, state, or federal court, and no misdemeanor conviction within one year of hire.
- Must be licensed driver with private, insured vehicle for use during workday.
- Experience working in Indian Country, particularly in a tribal legal system.
- Experience working in criminal law and in child dependency matters.
- Experience in negotiation and mediation, alternative dispute resolution, and problem-solving courts.
- Knowledge of the culture and traditions of the Lower Elwha Klallam Tribe.
- Ability to sit for an extended period, as well as stand, bend, reach, and climb stairs.
- Ability to lift up to 25 pounds.
- Ability to operate standard office equipment, including computer, printer/copier/scanner/fax, calculator, tape recorder, landline phone, cell phone.
Mail: Human Resources Department
Lower Elwha Klallam Tribe
2851 Lower Elwha Road
Port Angeles, WA 98363
As with all positions at the Lower Elwha Klallam Tribe, this position is subject to Indian preference in hiring, in accordance with the Lower Elwha Klallam Tribe Employee Handbook.