Lac Vieux Desert Chippewa Prosecutor Position

Here:

LVD Prosecutor Job Announcement

ETA: This position remains open

Lac Vieux Desert Band Ojibwe Prosecutor Job Posting

JOB VACANCY

POSITION:                            Prosecuting Attorney

DEPARTMENT:                    Lac Vieux Desert Prosecutor’s Office

SUPERVISOR:                      Lac Vieux Desert Tribal Council

LOCATION:                          TBD

EMPLOYMENT:                   FULL-TIME

SALARY:                               TBD based on qualifications and experience

Non-Exempt Status

JOB SUMMARY

Under the administrative supervision of the Tribal Council of the Lac Vieux Desert Band of Lake Superior Chippewa Indians (“LVD” or “Tribe”), the Prosecuting Attorney provides criminal and civil law enforcement services to the LVD community, presents child protection matters in LVD Tribal Court.  The Prosecuting Attorney will perform the duties and responsibilities of the position in a manner that is consistent with applicable ethical standards and assuring that justice is upheld according to the laws of the Tribe. Occasional travel within and outside Michigan will be required.

PRINCIPAL DUTIES

  1. Conduct pre-trial investigations of violations of the Tribe’s criminal laws in cooperation with the Tribal Police Department and other Tribal authorities;
  2. Exercise authority and discretion to prosecute criminal violations in the LVD Tribal Court, including arraignments, motions, trials, and appeals, or, to the extent consistent with public policy and in the public interest and subject to the final approval of the Tribal Court, negotiate and enter into plea agreements;
  3. Prepare or review all requests for warrants and subpoenas issued under the authority of Tribal law to substantiate compliance with legal requirements;
  4. If designated as Special Assistant U.S. Attorney, prosecute non-Indian misdemeanor violations in the federal courts;
  5. In cooperation with other LVD authorities, prosecute violations of LVD and GLIFWIC conservation, environmental, and natural resource protection laws;
  6. While upholding LVD sovereignty and jurisdiction, assist, cooperate and coordinate with local, state and federal law enforcement authorities as needed regarding criminal investigations and prosecutions occurring within their respective jurisdictions, particularly where crimes involving the LVD community or its members are concerned;
  7. Present child protection and custody matters in LVD Tribal Court;
  8. Present juvenile status offenses and delinquency matters in the LVD Tribal Court;
  9. As requested, serve as a member of the LVD Child Protection Team and other Multi-disciplinary Team that may be created from time to time;
  10. As directed, prepare policies and guidelines to provide proper procedures for carrying out the Prosecuting Attorney’s duties and responsibilities;
  11. As directed, cooperate with and assist the LVD Tribal Court and the Tribal Police Department in their efforts to improve procedure and administration within their respective agencies as pertains to the duties and responsibilities of the Prosecuting Attorney; and
  12. As directed, attend legal training and continuing legal education seminars and conferences regarding subject matters directly related to the duties and responsibilities of the Prosecuting Attorney.

Except as encompassed within the scope of duties of the Prosecutor or as otherwise expressly authorized, the Prosecuting Attorney shall not provide legal advice to LVD agencies, employees, or members.  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.

MINIMUM QUALIFICATIONS 

  Continue reading

Delta Threatens to Stop Service the 24 Midwestern Cities — Disproportionate Impact on Indian Country

Here is the NYTs coverage. And the tiny, blurry map that accompanies the article seems to indicate towns near reservations in Michigan, Minnesota, North and South Dakota, and Montana. The Michigan towns affected are Alpena, Pellston (LTBB), Escanaba (Hannahville), Iron Mountain (LVD), and Sault Ste. Marie (SSM and Bay Mills) — none of these towns would have air service.

LVD Shooting Indictment — U.S. v. Richard McGeshick

Here are the materials:

McGeshick Indictment

Motion for Pretrial Detention

LVD Sorta Back to Normal

From TV via Pechanga:

WATERSMEET — After nearly a week of courtrooms, protests, and imprisonment the Lac Vieux Desert Tribal Council plans to return to their reservation in Watersmeet.

According to their attorney, the nine-member council plans to return home and conduct business as usual until the tribal appellate court hears the case.

Monday dozens of council and tribal members protested outside of the Marquette Federal Courthouse saying they are political prisoners upholding the tribe’s constitution.

All nine members of the tribal council were jailed last week after refusing to swear in the new executive council due to alleged election problems.

Supplemental Pleading in LVD Case

Sounds like the federal habeas case is dead for now, as the LVD council is out of jail.

LVD Council Supplemental Brief

LVD Appellate Decision(s) Ordering Release of LVD Council

Note the dates of the orders (Sept. 9 and Sept. 11), and the actual release of the council (Sept. 11): Order Granting Habeas Corpus.

LVD Council Released from Jail

From tv:

WATERSMEET — The Lac Vieux Desert tribal council is back in Watersmeet after an appellate court ruled they should be released from jail.

According to the tribal council’s attorney, Zeke Fletcher, the appellate court made the ruling two days ago but Judge Bradley Dakota did not recognize the ruling.

The nine member council has been in the Iron County jail since Wednesday because they refuse to swear in two new tribal council members despite the court order.

They were held in contempt of court and jailed.

LVD Council Habeas Petition — UPDATED with Exhibits

Here: LVD Council Habeas Petition.

Update (9/10/10): LVD Habeas Exhibits.

Update (9/11/10): LVD Habeas Exhibits Part 2

Amazing materials. Has this ever happened before? Wonder if one of these (a habeas petition on behalf of an entire tribal council) has ever been filed.