Prosecuting Attorney

The Spirit Lake Tribal Court (Tribal Court) is seeking a qualified attorney to carry out the duties of the Prosecutor Attorney for the Tribal Court. In addition to considering applications from individual attorneys, the Tribal Court is interested in and will consider proposals from law firms that would have one or more attorneys available to provide such services.

Major Duties and Responsibilities:
• Perform all phases of criminal prosecution of offenses committed in violation of the Spirit Lake Tribe’s Criminal Code within the jurisdiction of the Spirit Lake Tribe.
• Draft, present and prosecute all criminal complaints in Tribal Court.
• Review police reports, charging documents and evidence for probable cause and the likelihood of a successful prosecution and make prosecutorial decisions based upon the same.
• Shall supervise the gathering of evidence by law enforcement officers to ensure that each case is promptly and fairly presented.
• Initiate and/or assist in training tribal police officers in proper criminal and court procedures.
• Present appropriate plea agreements to the Court and recommend appropriate sentences to the court for convicted offenders.
• Conduct criminal trials and all stages of preparation for the same.
• Prepare, argue and respond to appeals of criminal convictions before the Spirit Lake Tribe Appellate Court.
• Cooperate and coordinate services with local law enforcement officers. Participate in police ride-along after hours.
• Represent the Tribe in State Courts in cases in which the Tribe has intervened.
• Interact with Tribal members and Tribal agencies on matters related to criminal activity and prosecution on the Spirit Lake Nation.
• Preserve and uphold the Spirit Lake Tribe’s Constitution and By-Laws, Law and Order Code, ordinances, resolutions and all applicable State and Federal laws.
• At times, be required to prosecute juvenile Offenders in Tribal Court. Work with the Juvenile Intake Officer(s) in preparing cases and presenting evidence on behalf of the Tribe in all hearings and proceedings conducted under the Spirit Lake Juvenile Code.

The responsibilities listed above are representative of the nature and level of work assigned and are not necessarily all-inclusive. All of the duties listed above may not be assigned, nor do the examples cover all duties which may be assigned.

Qualifications, Experience, and Education Required:
• J.D. Degree from an accredited law school
• A member in good standing with any state bar or federal court; or must be able to pass any state bar exam and be admitted to any state bar within one (1) year of hiring.
• Admitted or eligible for admission to practice in the Tribal Court.
• Demonstrated competency in criminal procedure and trial advocacy.
• Must demonstrate a knowledge and understanding of legal issues specific to tribal communities including tribal sovereignty and the criminal jurisdictional framework regarding tribal, federal and state authority in Indian country.
• Must be of high moral character and integrity.
• Must not have been convicted of any felony or currently be subject to any disciplinary proceeding under the rules and standards of professional conduct governing lawyers established by the jurisdiction(s) where licensed or admitted to practice law or the American Bar Association’s Rules of Professional Conduct.
• Prefer one (1) or more years of experience as a practicing attorney in one (1) or more legal fields relevant to the duties and responsibilities as a criminal court attorney.
• High level of written and oral communication skills and superior ability to advocate and persuade.
• Ability to interact constructively with people in highly emotional and adversarial situations.
• Exceptional ability to think on his or her feet and to identify and analyze legal issues and present legal theories.
• Highly independent and organized and able to manage significant number of active matters simultaneously.
• Demonstrated ability to meet deadlines.
• Well-developed interpersonal skills and ability to work in a supportive and professional manner with other attorneys, support staff and client agencies.
• Professional demeanor and appearance and enthusiasm for the law and public service.
• Thorough knowledge of and commitment to professional ethics, particularly those rules that relate to the role of a prosecuting attorney.
• Prefer references with substantial personal knowledge of applicant’s legal abilities