Job Description

Job Description

Assistant Attorney General

The Assistant Attorney General, under the direction of the Attorney General, will be tasked with the responsibility of prosecuting the Tribe’s Law and Order Code, and will work closely with Tribal Police and other local state and federal agencies to fulfill the position’s obligations.  The Assistant Attorney General will also assist the Attorney General with assigned matters regarding the representation of the Tribe, its Housing Authority, its Health Clinic, its tribally owned businesses, and the Royal River Casino and Hotel. The Assistant Attorney General will handle all adult criminal and juvenile delinquency matters for the Tribe.  

ESSENTIAL DUTIES AND RESPONSIBILITIES include the following, other duties may be assigned:

• Represent the Tribe as a Prosecutor and Child Welfare Attorney in Tribal Court to enforce the criminal laws, child welfare laws, and related tribal court orders of the Tribe.
• Appear in court on all related arraignments, trials, and sentence hearings, and child welfare matters.
• Engage in or lead pretrial investigations.
• Train, assist, and advise the Tribal Police in the prosecution of criminal cases, and the preparation and execution of requests for arrest and search warrants (where relevant, train other tribal staff regarding criminal procedures).
• Evaluate, research, and prepare criminal and child welfare cases.
• Prepare, file, and prosecute charging instruments in Tribal Court.
• Prepare reports as assigned, to be expected on a quarterly, budgetary, and annual basis, including development and implementation of an annual operation plan, identifying accomplishments, unmet needs and priority recommendations.
• Research, develop, and institute procedures, manuals, pleading forms, prosecutions plans, child welfare plans, and other needed materials.
• Work closely with the Federal Bureau of Investigations, U.S. Department of Justice, U.S. Attorney’s Office, and other federal or state enforcement agencies in ensuring that serious crimes committed on the Reservation are adequately prosecuted.
• Recommend to the Office of the General Attorney, any revisions and amendments to the Tribe’s Codes and other codes as needed with respect to crimes and child welfare matters.
• Assist the General Attorney with public relations and legislative efforts related to drug law enforcement issues, including, but not limited to advising committees/commissions, staff, client, presenting at public meetings concerning criminal and child welfare laws.
• Advise and consult the Office of the General Attorney regarding the function and development of the tribes’ criminal justice system.
• Meet with the Executive Committee, General Attorney, Law Enforcement and other subordinate committees of the Tribe, when requested.
• Abide by the disciplinary rules and other requirements of the bar associations of which the attorney is a member, as well as any disciplinary rules adopted by the Tribe to govern attorney practice on the Reservation and maintain a high level of professionalism and ethics at all times.
• Comply with tribal laws and administrative policies.
• Research and present complex legal issues for the Tribe and its entities.
• Draft appropriate ordinance and polices that effectuate the implementation of the Tribe’s self-governance objectives, while protecting the rights of the Tribe.
• Assist in all other matters as assigned by the Tribal Attorney and Executive Committee.

SUPERVISION REQUIRED: Under direct supervision of General Attorney.

QUALIFICATIONS, EDUCATION AND/OR EXPERIENCE:

• Licensed attorney in good standing with the State Bar of South Dakota, or any other state bar, and is able to be admitted in South Dakota within 10 months of employment.
• Must have between one and five years of experience as a practicing attorney, with experience in Indian Law and Criminal Law preferred.
• Must have a juris doctorate from an American Bar Association accredited law school.
• No felony or misdemeanor convictions involving a crime of moral turpitude.
• Must be able to efficiently utilize Microsoft Office and Westlaw.

PHYSICAL DEMANDS:

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job.

Bending at the waist, sitting still for extended periods of time, dexterity of hands and fingers to operate a computer keyboard, hearing and speaking to exchange information, seeing to read reports and data and occasional lifting of 50 pounds or more.

WORK ENVIRONMENT:

The work environment described is representative of those that must be met by an employee to successfully perform the essential functions of this job.

KNOWLEDGE, SKILLS AND ABILITIES:

• Knowledge of tribal laws and codes, modern tribal court practices, judicial procedure, and rules of evidence.
• Knowledge of applicable federal, state and local laws, regulations, ordinances and requirements.
• Knowledge of federal laws and regulations pertaining to Native Americans and tribal organizations.
• Knowledge of tribal governments and criminal and civil procedures.
• Ability to work with judges, law enforcement, probation, social services, the legal department, and court staff in a professional manner. 
• Ability to confer and cooperate with neighboring jurisdictions in a professional manner.
• Ability to establish and maintain professional relationships with individuals of varying social and cultural backgrounds and with co-workers at all levels.
• Ability to exercise independent judgment and negotiate legal actions.
• Eligibility and maintenance of professional liability insurance in an amount acceptable to the Tribe.

TYPICAL CONDITIONS OF EMPLOYMENT:

• Possession of valid state driver’s license.
• Must be able to pass a pre-employment drug screen.
• Must be able to pass a P.L. 101-630 Background Check.

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