Nooksack Indian Tribe Request for Qualifications — Pro Tem Judge Services

This Request for Qualifications is directed at qualified individuals and/or firms interested in serving as a Pro Tem Judge for the Nooksack Indian Tribe. The Nooksack Tribal Court exercises jurisdiction over a broad range of civil and criminal matters. A Pro Tem Judge will be appointed to hear cases, as assigned by the Chief Judge, in instances where the Nooksack Tribal Court Chief Judge is ill, disqualified, or otherwise unavailable. This is a part time, as-needed appointment, and compensation will be negotiated. Specifically, contractors providing Pro Tem Judicial services will be placed into a pool and drawn from on an as-needed basis when judicial conflicts arise.

DUTIES AND RESPONSIBILITIES:

Preside over cases as assigned by the Chief Judge.

Prepare and issue written orders, judgments, search and arrest warrants.

Keep accurate records of cases and court hearings.

MINIMUM QUALIFICATIONS:

Possess JD from an ABA-accredited law school and admitted to practice before the Supreme Court of the United States, or any United States Circuit Court of Appeals, or the Supreme Court of any state of the United States.

Extensive experience in: (1) criminal case adjudications; (2) juvenile dependency and delinquency; (3) family law and child support; and (4) general civil case adjudications, including complex litigation.

Demonstrated knowledge in the following areas: (1) Federal Indian law and policy; (2) Tribal law; and (3) Tribal customs and traditions.

Is at least 30 years of age.

Has never been convicted or pleaded guilty to any felony, nor been found guilty of any crime involving fraud or dishonesty.

Maintain a current business license and admitted to practice before the Nooksack Tribal Court.

Successfully pass a background investigation and drug test.

Interested individuals (or firms) should submit a letter of interest including availability, along with a current resume and the names of at least three professional references to:

Suzanne Brownrigg, Human Resources Director Nooksack Indian Tribe P.O. Box 157 Deming, WA 98244 (360) 592-5176 sbrownrigg@nooksack-nsn.gov

 

NOOKSACK INDIAN TRIBE REQUEST FOR QUALIFICATIONS PRO TEM JUDGE SERVICES (6/2016)

 

Northern Arapaho Tribes Sues Interior to Compel 638 Tribal Court Contract

Here is the complaint in Northern Arapaho Tribe v. United States Department of the Interior (D. Mont.):

Complaint

An excerpt:

This is an action for declaratory and injunctive relief and money damages brought against the United States Department of the Interior (“Department”); its Secretary; and Regional Director for the Bureau of Indian Affairs (“BIA”) for violations of the Indian Self-Determination and Education Assistance Act (“ISDEAA”) and regulations promulgated thereunder. The Northern Arapaho Tribe (“NAT” or “Tribe”) submitted to the BIA a contract proposal for judicial services and requested technical assistance, consultation and a waiver of any regulations that the BIA thought could prevent or impede approval. The BIA failed or refused to provide technical assistance, consultation, or the requested waiver and declined the proposal. These failures and the declination violate the ISDEAA and applicable regulations. The Tribe is entitled to declaratory and injunctive relief and damages, plus interest, pursuant to the ISDEAA.

Colorado River Indian Tribes Associate Judge Posting

Here:

ASSOCIATE.JUDGE.ANNOUNCEMENT

Tort Suit against Rocky Boys’ Business Committee Dismissed

Here are the materials in Eagleman v. Rocky Boys’ Chippewa-Cree Tribal Business Committee (D. Mont.):

16 Motion to Dismiss

16-3 Eagleman Trial Court Opposition to Motion to Dismiss

16-4 Tribal Trial Court Order

16-5 Eagleman Tribal Appellate Brief

16-6 Tribal Appellate Court Opinion

33 Opposition

37 Reply

42 DCT Order

Grant Christensen on Recent SCOTUS Decisions on Personal Jurisdiction and Tribal Courts

Grant Christensen has posted “Personal Jurisdiction and Tribal Courts after Walden and Bauman: The Inadvertent Impact of Supreme Court Jurisdictional Decisions on Indian Country.

Here is the abstract:

In 2014 the United States Supreme Court added two new cases to the canon on the meaning of due process in the context of personal jurisdiction. These cases clarified the metes and bounds of specific and general personal jurisdiction. However, decisions that fit within the state and federal court system do not always easily have cross applications to tribal courts – which nonetheless are obliged to extend due process rights via the Indian Civil Rights Act. This article takes the Supreme Court’s 2014 decisions and discusses their potential application to tribal courts and their use within Indian Country.

United States Cert Opposition Brief in Nebraska v. Parker

Here:

US Cert Opp Brief

Cert petition and link to lower court materials here.

Salt River Pima-Maricopa Indian Community Seeks Licensed Appellate Judge

SALARY: $103,491.00 – $150,061.00 Annually
OPENING DATE: 07/09/15
CLOSING DATE: 08/07/15 11:59 PM
DEFINITION:
Position Summary: Under the administrative direction of the Chief Judge, presides over criminal, civil and juvenile cases as assigned. Responsible for fair and impartial administration of justice pursuant to the judicial powers granted by the Salt River Pima-Maricopa Indian Community (SRPMIC) and  in ensuring SRPMIC adherence to applicable Federal, Tribal and other relevant laws and ordinances.The Licensed Associate Judge is appointed by the Council. This job class is treated as FLSA Exempt.
EXAMPLES OF TASKS:
Distinguishing Features: The Licensed Associate Judge is an integral member of the judicial system and as such serves to ensure the fair and impartial administration of justice.  The Licensed Associate Judge must thoroughly understand the legal system, administration of justice, interpersonal relationships, and dispute resolution as well as appropriate decision making techniques, public safety, and governmental methods of reporting.  Responsible for complex and sensitive legal decisions and judicial rulings on criminal and civil cases as assigned.  The Licensed Associate Judge’s work is reviewed by the Chief Judge through an annual performance review, reports, conferences and meetings.  Judicial conduct is governed by Section 4-25 of the SRPMIC Code of ordinances and the SRPMIC Court Rules of Professional Conduct, Sec 2, Judicial Rules of Professional Conduct.

Essential FunctionsEssential functions may vary among positions and may include the following tasks, knowledge, skills, abilities, and other characteristics.  This list of tasks is ILLUSTRATIVE ONLY and is not intended to be a comprehensive listing of tasks performed by all positions in this classification.

Tasks:

1.Manages and oversees criminal, civil and juvenile cases as assigned by the Chief Judge.    Facilitates and ensures all applicable rules of evidence and other judicial requirements are followed by parties that are in court.

2.If the Tribal Law and Order Act (TLOA) is adopted by the Community, the Licensed Associated Judge would adjudicate TLOA cases.

3.If the Commercial Court is implemented, the Licensed Associate Judge would adjudicate complex commercial transactions that would be pending before the Commercial Court.

4.Assists in the development of court rules of procedure, court policies,and goals and objective to improve operation efficiencies.   At the direction of the Chief Judge,may be asked to assume the duties of the Chief Judge in an “Acting” capacity during the absence of the elected Chief Judge.

5.Manages and maintains regular court case load of non-TLOA cases and fills in as necessary to help avoid court proceeding delays or backlog in court cases.

6.Determines trial procedures and conducts trials, examines evidence, determines validity of allegations, rules on admissibility of evidence, and prepares and issues rulings.

7.Researches legal issues and prepares appropriate legal memoranda, interprets applicable SRPMIC, other tribal jurisdictions, city, state and federal laws and regulations.

8.Drafts and issues court orders and opinions.

9.Directs the preparation and maintenance of records and dockets of actions and courts proceedings in accordance with accepted standards of court procedures.

10.Conducts arraignments, advisement of rights, and sets appearance dates.

11.Presides in jury trials and assists with jury management.  Gives jury instructions on application of facts to law.

12.Executes and issues court processes including, but not limited to, writs, judgments, decrees, arrest warrants, search warrants, subpoenas, summons, long form complaints and civil injunctions.

13.Drafts and issues orders compelling attendance at court proceedings.

14.Determines plea, motion and sentencing issues and authorizes collection procedures.

15.Decides restitution awards, revocation of probation status and bond forfeitures.

16.Sentences defendants in criminal cases in accordance with applicable laws.

17.Sits on appellate panels, if appropriate.

18.Assists in the development and implementation of plans, goals and objectives to ensure the effective and efficient administration of justice.

19.Coordinates with other tribes, federal, state, county and city authorities on court-related and juvenile matters.

20.Attends ongoing training as required by the SRPMIC and pursuant to Chapter 4, Art. 2, 4-22 of the SRPMIC Code of Ordinances.

21.Performs other job related duties as assigned by the Chief Judge to maintain and enhance judicial operations.

Knowledge, Skills, Abilities and Other Characteristics:

  • Knowledge of the SRPMIC ordinances, laws, rules, customs and traditions.
  • Knowledge of State, Federal, and Tribal statutes, codes, and ordinances.
  • Knowledge of general law, court procedures, and rules of evidence.
  • Knowledge of principles of civil and criminal law and appeals problems and procedures and methods of legal research.
  • Knowledge of principles and practices of judicial administration, program planning and development, employee supervision and training.
  • Knowledge of court operations, principles, and practices.
  • Knowledge of the history and culture of the SRPMIC.
  • Skill in oral and written communications to conduct court proceedings and elicit pertinent information from all parties.
  • Skill in establishing and maintaining effective working relationships with other judicial entities, regulatory agencies, staff, government officials, SRPMIC members and the general public.
  • Skill in understanding and interpreting complex statutes, ordinances, laws, acts, regulations and standards.
  • Skill in understanding and applying complex policies, procedures, rules, regulations and guidelines.
  • Skill in determining alternative approaches to problem solving.
  • Ability to hear and decide cases and perform judicial duties in a fair and impartial manner while upholding the integrity and independence of the judiciary.
  • Ability to research, interpret, analyze and apply legal principles to pending cases.
  • Ability to regulate extra-judicial activities to minimize the risk of neglecting or creating a conflict with judicial duties.
  • Ability to effectively communicate, both orally and in writing, with other members of the judiciary, other governmental entities, parties before the Court, and the general public.
MINIMUM QUALIFICATIONS:
Qualifications:

Education & Experience:  The applicant shall meet all the qualifications as set for in Chapter 4, Article 2, 4-22 (D) of the SRPMIC Code of Ordinances as amended.  Such qualifications include:

1.Being thirty (30) years of age or older;

2. Must have graduated from an accredited law school with a Juris Doctorate;

3.Must be a member for at least three (3) years and in good standing with a state bar association;

4.Of good moral character and any assessment of moral character shall be consistent with the customs and traditions of the Akimel O’odham and Xalychidom Piiipaash peoples;

5.Has never been removed for good cause as a judge in jurisdiction;

6.Has never been convicted of a felony in any jurisdiction and has not been convicted of a misdemeanor (not including violations that are generally considered civil  traffic violations) within the past 5 years; and

7.Preference will be given to enrolled members of the Community, the Gila River Indian Community, the Ak-Chin Indian Community and the Tohono O’odham Nation.

8.Serving a one (1) year probationary period;

9.Having never been removed for good cause from a judge position in any jurisdiction;

10.Being subject to SRPMIC administrative policies regarding employees except when such policies are inconsistent with the status and duties of a judge including, but not limited to, employee grievance, recruitment and selection, and underfill policies.  Notwithstanding the administrative policies, Section 4-25 of the SRPMIC Code of ordinance shall apply to all removal or suspension of judges;

11.Being subject to the SRPMIC Court Rules of Professional Conduct, Section 2 Judicial Rules of Professional conduct and as these rules may be amended.

SPECIAL REQUIREMENTS:
Prior to hire as an employee, applicants will be subject to drug and alcohol testing. Will be required to pass a pre-employment background/fingerprint check. Employees are subject to random drug and alcohol testing.

“SRPMIC is an Equal Opportunity/Affirmative Action Employer” Preference will be given to a qualified Community Member, then a qualified Native American and then other qualified candidate.

In order to obtain consideration for Community member/Native American preference, applicant must submit a copy of Tribal Enrollment card or CIB which indicates enrollment in a Federally Recognized Native American Tribe by one of the following methods:

1) attach to application

2)  fax (480) 362-5860

3) mail or hand deliver to Human Resources.

Documentation must be received by position closing date.
The IHS/BIA Form-4432 is not accepted.
Your Tribal ID/CIB must be submitted to HR-Recruitment-Two Waters.

APPLICATIONS MAY BE FILED ONLINE AT:
http://www.srpmic-nsn.gov/employment

OUR OFFICE IS LOCATED AT:
10005 E Osborn Road
Scottsdale, AZ 85256
480-362-7925
480-362-7925
hrrecruitment@srpmic-nsn.gov

Preference will be given to a qualified Community Member, then a qualified Native American and then other qualified candidate.

Job #100709-150709
LICENSED ASSOCIATE JUDGE
SP

Tulalip Associate Judge Position

Here:

Tulalip Associate Judge Job Announcement

Puyallup Court Administrator Job Posting

Here:

Tribal Court Administrator, closes 7.17

RFP for Sauk-Suiattle Indian Tribe Judicial Services

Sauk-Suiattle Indian Tribe

Judicial Services

The Sauk-Suiattle Indian Tribe is seeking proposals from persons in good standing with the Washington State Bar Association or graduates of an ABA accredited law school with Indian law experience who are interested serving as a Tribal Court Judge for the Sauk-Suiattle Tribal Court.

The Sauk-Suiattle Tribal Court convenes on the Sauk-Suiattle Indian Reservation located near Darrington, Washington one to two full days per month to hold civil and criminal trials and hearings.

A person serving as judge must also be available telephonically and/or electronically from time to time as occasionally the need arises to address requests by tribal law enforcement for search warrants and to issue temporary orders such as domestic violence protection orders, restraining orders, and emergency shelter care orders arising from Indian Child Welfare Act cases.

No particular format is required for submission of a proposal. Your proposal may propose an hourly, monthly or daily rate for providing judicial services. Persons willing to serve as a Judge for the Sauk-Suiattle Tribal Court should send a letter of interest or resume and proposal by July 30, 2015 to:

Stephanie Spiering

Court Clerk/Justice System Program Coordinator

Sauk-Suiattle Indian Tribe

5318 Chief Brown Lane

Darrington, WA 98241

(360) 436-0131

FAX (360) 436-1511

sspiering@sauk-suiattle.com