Monthly Archives: December 2022

ENTRY LEVEL PROSECUTING ATTORNEY

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FACTOR I: GENERAL DESCRIPTION OF WORK

This is a professional position for an entry level attorney with the primary responsibility, through specialized training and skill to represent the Confederated Salish and Kootenai Tribes and its governmental departments in the Tribal Court, alternative dispute resolution mechanisms and, when necessary, at public hearings. The position will independently present cases in the Tribal Court. The Incumbent shall, under the general direction of managing attorney, act as legal advisor and staff counselor to the Tribes for the Tribal Prosecutor’s Office with respect to the following matters which are not all inclusive:

  • Act as Tribal Prosecutor in Criminal and civil matters as required.
  • Act as counsel for the Tribes in Tribal Fish and Game cases;
  • The attorney will compose legal materials, conduct legal research, and effectively communicate with legal professionals and other interested parties in criminal matters and Tribal Fish and Game matters arising from duties assigned;
  • Represent Tribal interests routinely litigated in Tribal Court or Tribal Court alternative dispute resolution mechanisms;
  • Attorney shall conduct communications and liaison with federal, state and local governmental agencies and with private corporations, firms, or individuals in carrying out an authorized assignment, in conformity with practices necessary to property, conduct legal business, and to testify on behalf of the Tribes at such public hearings as may be deemed necessary to perform the duties assigned;
  • The Attorney will be expected to act as Tribal Prosecutor for and on behalf of the Tribes in Tribal Court proceedings, but may be required to appear as such before other courts, tribunals, departments, agencies and committees of Congress and the State legislatures as requested by Council;
  • Attorney shall provide technical assistance to Tribal Law and Order with regards to state, federal and local policies and regulations and the Tribal Law and Order Code;
  • Attorney must have working knowledge and competency with case management software (Advologix strongly preferred);
  • Perform all legal assignments designated by the Managing Attorney and/or Tribal Council.

o A primary responsibility of the position will be reviewing reports and drafting complaints

FACTOR II: DIRECTION RECEIVED

The position is under the general supervision of the Managing Attorney. The position uses experienced judgment and discretion to prioritize assignments and determines the best method to accomplish work within the deadlines established by the Prosecutors Office, the CSKT Laws Codified, Federal Law and Montana Code Annotated. In addition, the position performs work as instructed and seeks guidance from the supervisor as needed.

FACTOR III: SUPERVISION EXERCISED

None.

FACTOR IV: WORKING RELATIONSHIPS

This position interacts with various members of the judiciary, representing the Confederated Salish and Kootenai Tribes in Tribal Court matters and with internal and external defense attorneys and the Tribal Membership. The position persuades, defends, discusses and justifies decision before and from the Court. Decisions based on the work of the incumbent may impact or have potential impact on the Tribal government. The incumbent is authorized to conduct communications and liaisons with federal, state and local government agencies, and with private corporations, firms, or individuals in carry out authorized assignments, in conformity with practices necessary to properly conduct legal business, and to testify on behalf of the Tribes at such public hearings as may be deemed necessary to perform the duties assigned. The incumbents acts as an official representative of the Confederated Salish and Kootenai Tribes.

FACTOR V: WORKING CONDITIONS

Exposure to office and Court environments with normal effort required.

FACTOR VI: QUALIFICATION REQUIREMENTS

Training: This position requires specialized knowledge acquired through intensive academic preparation at college level and/or legal educational institution. Must be a graduate of an ABA approved law school with a juris doctor or equivalent degree and admitted to practice law in the State of Montana or must be admitted to practice law in the State of Montana within six months of hiring.

Knowledge: Must have knowledge of general legal principles, criminal law and procedures, court procedures, law enforcement procedures, Federal law, Tribal Court and Indian law. Must have knowledge of the social and cultural lifestyles of the reservation community; knowledge of legal research methods, knowledge of basic legal writing and document preparation. Knowledge and working experience with word processing and related computer programs such as Word, Microsoft Outlook, Microsoft Office, LexisNexis and Practice Panther or similar case management software.

Skills: Must have strong communication skills and ability to effectively communicate with and make arguments and presentations before the Tribal Court forum. Must have the ability to compose legal materials, conduct legal research, and have effective interview techniques. Must have the ability to present cases in the Tribal Court form independently.

Abilities: Applicant must have no criminal convictions other than minor traffic infractions for which the punishment does not include the possibility of a jail sentence. The successful applicant, if not already employed by the Tribes must pass a pre-hire drug test and serve a mandatory six (6) months probationary period.

Tribal citizens served by the Indian Legal Clinic students

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Student attorneys from the Indian Legal Clinic’s Wills and Probate class recently helped fourteen tribal citizens of the Quechan Indian Tribe with their estate planning needs. Students met with clients one on one to determine each person’s wishes so tailored wills and powers of attorney could be drafted for them. The clients were members of the Quechan Indian Tribe who needed an “Indian will,” which is a will drafted to conform to the American Indian Probate Reforms Act’s requirements for bequeathing trust or restricted land (i.e., allotments). 

 “Participating in the clinic gave me invaluable experience in drafting wills and building client relationships,” said student attorney Joe Wilwerding (2L). “The wills clinics opened my eyes to the large need for those who know how to draft Indian wills to keep Native lands in the hands of the people to which they belong,” added Courtney Kamauoha (3L). 

Collectively, a total of 28 wills and health care powers of attorney were executed during the wills clinic. The student attorneys were supervised by Professor Helen Burtis (’07), and two volunteer attorneys from Rosette, LLP: Jim Palmer (’04) and Daniel Ray.  

2023 ILP Alumni Awards: Call for Nominations

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The ILP alumni awards are now open. Nominate your classmates and friends! The ILP Awards include Professional Achievement, Alumni Service Award, and Emerging Leader Award. Nominations are due March 3, 2023! Nomination materials should be sent by email to: Kate.Rosier@asu.edu. Awards will be presented at the ILP Alumni & Friends Awards Ceremony at Fed Bar on Monday, April 17, 2023 in Albuquerque, New Mexico.

Nomination Guidelines

ILP Professional Achievement Award – This award recognizes outstanding achievement in Indian Law or Tribal Law throughout an individual’s career. The award honors ILP alumni whose achievements in the field of Indian Law or Tribal Law have brought distinction to themselves and real benefit to the Indian community. Nomination Package Requirements:

  • Describe the unique professional achievements in the field of Indian Law or Tribal Law that has brought distinction to the candidate. (maximum two pages)
  • Describe the recognized contributions made by this candidate that demonstrate a benefit to the larger community. (maximum one page)
  • Describe the ways in which the candidate’s achievements are truly extraordinary or exceptional. (maximum one page)
  • Provide at least two letters of support from individuals that can speak to the candidate’s impact on his or her profession.
  • Letters of support should speak to the magnitude of the individual’s impact in the practice of Indian or tribal law or in the Indian community.
  • Provide a 200 word bio of the nominee.
  • Past winners include: Claudeen Bates Arthur (’74) (Posthumous), Gloria Kindig (’89), Kathy Bowman (’86), Rob Rosette (’96), Diane Enos (’92), Ben Hanley (’71) and Herb Yazzie (’75).

ILP Alumni Service Award – This award is given for outstanding service to the Indian Legal Program, and is awarded for extended, extraordinary service to the Indian Legal Program. Nomination Package Requirements

  • Describe the ways in which the candidate has served or supported the ILP and the ILP alumni. Examples can include serving on committees, boards, CLEs, mentoring ILP students, or other volunteer or fundraising efforts or funding commitments. (maximum one page)
  • Describe the ways this service been truly extraordinary. (maximum one page)
  • Describe how the candidate’s service has benefited the ILP. (maximum one page)
  • Please provide at least two letters of support from ILP alumni as part of the nomination package.
  • Provide a 200 word bio of the nominee.
  • Past winners include: Rodina Cave Parnall (’01), Peter Larson (’02), Verrin Kewenvoyouma (’04), Ann Marie Downes (’94), Mary Shirley (’92) and Jeff Harmon (’05).

ILP Emerging Leader Award – This award acknowledges and encourages service to Indian Country and the ILP by alumni who are less than ten years out of law school. The award recognizes outstanding achievements in their professional career, volunteer work, and promotion or support of the ILP and/or ASU NALSA. Nomination Package Requirements.

  • Describe how the candidate has achieved professional success in their legal career.
  • Describe the candidate’s volunteer work.
  • Describe how the candidate achieved an exceptional level of service while balancing the demands of being a recent graduate. (maximum one page)
  • Describe how the candidate was proactive in efforts to become involved in ILP and/or ILP alumni activities. (maximum one page)
  • Describe how the candidate’s service has been sustained over a long period of time or how the service has been innovative or beneficial. (maximum one page)
  • Provide two letters of support from fellow ILP alumni.
  • Provide a 200 word bio of the nominee.
  • Past winners include: Jacob Schellinger (’12), Derrick Beetso (’10), Carolyn Angus-Hornbuckle (’09), Nikki Borchardt Campbell (’09), Steve Bodmer (’06), Elizabeth Medicine Crow (’05), Charles Galbraith (’07), Matthew Campbell (’08) and Michael Corey Hinton (’11).