The Associate Justice serves on a three-justice panel that hears appeals from the trial court.
The Associate Justice will hear cases as part of the panel, and will write opinions as may be assigned by the Chief Justice.
Occasionally, the Associate Justice will have to serve as Acting Chief Justice when the Chief Justice is recued or disqualified or otherwise unavailable.
Some legal research may be required.
Law school degree and/or prior judicial experience preferred but not required.
Ability to analyze complex factual situations and apply applicable law.
Ability to write appellate decisions.
Must have a background in legal matters with experience as a Judge, Attorney, Court Advocate or the education and background that would qualify a person to hold a responsible position with the Yavapai-Apache Nation.
Must never been convicted of a felony, and have not been convicted of any misdemeanor offense, except traffic offenses, for a period of five (5) years next preceding his appointment.
Must have all the minimum qualifications and limitations of Judges of Tribal Courts in Section 111 of Title III in the Judicial Code.
The Yavapai-Apache Nation is hiring for a PROSECUTOR II.
The Prosecutor investigates, evaluates and prosecutes juveniles and adults accused of violating the criminal laws of the Yavapai-Apache Nation. The Prosecutor also represents the Nation in dependency and neglect proceedings, including Indian Child Welfare proceedings, before tribal and state courts. The Prosecutor will perform the dutie...s and responsibilities of the position in an ethical manner and assure that justice is upheld according to the laws and custom of the Yavapai-Apache Nation.
• Must possess a Law Degree from an ABA accredited law school (mandatory).
• Must be licensed to practice law in Arizona and in good standing (mandatory).
• Relevant experience in Criminal Law (at least three years of prosecution or defense experience in tribal, federal or state courts) preferred.
• High level of written and oral communication skills and superior ability to advocate and persuade – self-edited writing sample required from all applicants.
• Strong investigative skills, instincts and techniques
• Superior organizational skills and ability to handle significant number of active matters simultaneously
• Well-developed interpersonal skills and ability to work in a supportive and professional matter with other attorneys, support staff and partnering agencies
• Enthusiasm for the law and for public service
• Comfortable interviewing and working with victims of crime, including individuals who have experienced trauma, are in crisis, or who struggle with mental illness and/or substance abuse or addiction
• Ability to interact constructively with individuals in highly emotional and adversarial situations
• Responsible for Court coverage and other duties as assigned by the Chief Prosecutor
• Comfortable speaking in public, to judges or juries, and with various segments of the public
• Thorough knowledge of the rules of evidence, Constitutional law and Criminal law and Procedure and ability to competently apply those rules
• Ability to exercise independent judgment and to handle unexpected problems efficiently
• Strong work ethic
• Outgoing, compassionate and helpful personality
• Excellent references from individuals with substantial personal knowledge of applicant’s legal abilities (not related to applicant)
• Must possess a valid state-issued driver’s license and be insurable with the Nation’s insurance carrier, and maintain insurability of the same.
The Yavapai-Apache Nation reserves the right to waive any of the qualifications that, in the opinion of the Tribal Chairperson, will serve as an adequate substitution for those minimum qualifications, but will maintain minimum qualifications necessary to adequately perform job responsibilities.
DUTIES AND RESPONSIBILITIES:
• Investigate possible violations of the Yavapai-Apache Nation criminal code. Exercise discretion and authority to proceed with the prosecution of criminal violations (including: arraignment, discovery, trials and appeals) or, to the extent consistent with the public interest and public policy, negotiate plea agreements
• Develop the theory of a case, identify potential evidentiary issues, obtain evidence and prepare witnesses for trial
• Maintain professional relationships with victims, witnesses, law enforcement agencies, attorneys and members of the community.
• Maintain strict confidentiality and uphold all rules of professional responsibility and prosecutorial ethics
• Work collaboratively with other tribal agencies, specifically Department of Social Services, Police Department, Probation, and Yavapai-Apache Wellness Court towards coordinated resolution of cases
• Provide legal guidance to law enforcement agencies, including guidance on how to comply with Constitutional due process requirements
• Research and write clear, well-supported legal motions and memoranda
• Explain complex legal concepts to individuals who do not have a legal background
• Attend bench/bar meetings and family health court staffing’s within the Yavapai-Apache Tribal Court and contribute to the development and continued growth of the Nation’s judicial system
• While protecting the sovereignty and jurisdiction of the Yavapai-Apache Nation, assist, coordinate and cooperate and with local, state and federal law enforcement authorities as needed regarding criminal investigations and prosecutions occurring within their respective jurisdictions
• Collaboratively work with Yavapai-Apache Nation department of Social Services to present child protective matters to the Tribal Court
• Attend legal trainings and conferences when directed by the Chief Prosecutor; stay current on legislation and case law directly or indirectly affecting tribal court operations; attend continuing legal education seminars and trainings to maintain legal proficiencies and required licensing
• Ensure all applicable codes are exercised effectively and fairly
• Other duties as assigned by the Chief Prosecutor or the Attorney General.
PAY RATE: D.O.Q.; Plus Tribal Benefit Package.
POSITION STATUS: Regular; Full-time
OPEN UNTIL: Open until Filled
Preference will be given to qualified applicants who are members of federally recognized Indian tribes. To be considered for Indian Preference, you must submit your Certificate of Indian Blood (CIB) with your application.
WILL BE REQUIRED TO PASS A PRE-EMPLOYMENT DRUG SCREEN AND COMPLETE A BACKGROUND CHECK WHICH MAY INCLUDE FINGERPRINTING