Staff Attorney (Code Reviser)

Hiring Preference: The Kalispel Tribe of Indians is an equal opportunity employer. Consistent with federal law, the Kalispel Tribe of Indians applies Indian preference in employment. It is the policy of the Kalispel Tribe of Indians to give preference in hiring, promotions, and transfers into vacant positions to qualified applicants in the following order: (1) Kalispel Tribal Members; (2) Descendant or Spouse of an enrolled Kalispel Tribal Member; (3) Enrolled Members of other Indian Tribes; and (4) all other applicants.

At-Will Employment: Employment with the Kalispel Tribe of Indians is at-will and can be terminated with or without cause, and with or without notice, at any time, either at the option of the employee or the Kalispel Tribe of Indians.

Drug Testing: The Kalispel Tribe of Indians is a drug free workplace. All applicants are subject to drug testing at the time of hire and at unannounced times during employment.

Background Investigation: All candidates and employees may be subject to a background investigation.

Summary:

This is a five (5) year grant position awarded to the Kalispel Tribe of Indians from the U.S. Department of Justice, Office of Justice Programs.  This position will include drafting amendments and additions to the Kalispel Law and Order Code ("KLOC"). The focus will be on updating chapters of the KLOC to create a comprehensive legislative approach to a justice system. Enhance current laws and regulations to comply with changes in federal law such as the Tribal Law and Order Act and the Violence Against Women Act. Collaborate with Kalispel Tribal Members and other stakeholders to develop priorities and recommendations to incorporate the Tribe's culture and traditions into the KLOC. Stakeholders include the Kalispel Tribal Indian Child Welfare Advisory Committee, Kalispel Victim Services Department, local law enforcement agencies, courts, and local school districts. Multidisciplinary team partners include: the U.S. Attorney’s Office Federal Bureau of Investigations, Federal Victim Witness Coordinators, Kalispel Tribal Police, Kalispel Indian Child Welfare Program, and the Kalispel Adult Protective Services Program. Revise the KLOC, overhaul the Adult Criminal Code to enable enhanced sentencing, aid in the development of a Juvenile Criminal Code, overhaul the Probate Code and Domestic Relations Code, and draft new legislation to modernize the Tribe's laws consistent with the Tribe's cultural and sovereign priorities. Collaborate with other Tribal departments to ensure the Code adequately reflects the current practices of those departments or is modified to address existing concerns. Draft forms and procedures to implement laws.

Essential Duties and Responsibilities:

• Draft new legislation and propose amendments to the Kalispel Law and Order Code and other regulations.
• Draft policies and procedures for the successful implementation of Tribal Laws, compacts and intergovernmental agreements.
• Research impacts of Federal and State laws and best practices in the administration of justice.
• Identify and make recommendations to address any deficiencies, inconsistencies, or areas for improvement in the KLOC, including any rules or policies thereunder.
• Ensure KLOC addresses changes in Federal Law, such as TLOA and VAWA.
• Develop a Juvenile Justice Code.
• Revise the Adult Criminal Code.
• Revise KLOC to address crimes related to opioid stimulants, alcohol and other substance abuse disorders.
• Ensure KLOC has sufficient safeguards or provisions to adequately address the needs of vulnerable adults and individuals who are unable to care for their children because of the rise of substance abuse disorders.
• Revise the Domestic Relations Code.
• Develop forms and procedures for Tribal Court, including prosecution and law enforcement.
• Revise KLOC to ensure there is consistency in the laws between harassment and protection orders.
• Ensure KLOC interoperability between the Adult Criminal Code and the Healing to Wellness Court.
• Develop streamlined process to facilitate subpoenas, record requests, victim impact statements, restitution requests, victim compensation, discovery for victims and criminal defendants, and other duties as assigned.
• Develop updated policies and procedures for ensuring victim protection and protecting the sovereignty of the Tribe.
• Ensure Code adequately addresses complicated issues regarding domestic relations and estate planning.
• Revise Probate Code.
• Develop a consistent written process ensuring victims and witnesses are informed about potential charging decisions, important court dates, give notice to provide statements or testimony, and keep updated on potential plea deals and sentencing decisions.
• Develop processes to integrate implementation of the KLOC efficiently and effectively among Tribal departments and entities including commercial enterprises.
• Work with Tribal Members to identify any cultural barriers for maintaining a body of law consistent with Kalispel culture and tradition.
• Address questions and concerns regarding the KLOC from Tribal and non-Tribal entities, individuals, and jurisdictions.
• Coordinate stakeholders' meetings to solicit input regarding new legislation.
• Collaborate with other Tribal Departments to ensure the KLOC reflects current practices and/or is amended to ensure compliance.
• Develop guidelines for best practices regarding the implementation of Tribal laws in coordination with Tribal regulators, including law enforcement and business operations.
• Become familiar with current practice and legal procedure by appearing in Kalispel Tribal Court.
• Maintain the most recent and past versions of the KLOC, including updating the versions provided online by the Court, and ensuring any modifications or amendments are accurately reflected as drafted. This includes ensuring the Kalispel Tribal Bar Exam remains current.
• Submit regular reports on code revision activities and achievements.
• Maintain high ethical standards at all times.
• Additional duties as assigned.

Supervisory Responsibilities:

• Directly supervise, as necessary, Legal Department staff, as assigned, including paralegal(s), legal assistant(s), legal intern(s), and other staff (minimal supervisory responsibilities).
• Carry out supervisory responsibilities in accordance with Tribal policies and applicable laws. Supervision may include but is not limited to tasks such as directing work, evaluating and coaching employees, performance reviews and, when required, addressing complaints and resolving issues.

Qualifications:

• Requires a Juris Doctorate from an accredited law school.
• Possess superior oral and written communication skills as well as strong interpersonal skills, exhibit good judgment and have demonstrated the capacity to function with minimal guidance in a highly demanding environment and in the highest ethical manner.

Certificates, Licenses, Regulations:

• Licensed to practice law in the State of Washington, in good standing.
• Eligible to be licensed to practice law in Kalispel Tribal Court.
• Tribal Work Permit.

Experience:

• Minimum two (2) years of experience as a tribal in-house attorney (legal internships included) or direct representation of Tribes.
• Experience in work related to Federal Indian Law including a demonstrated working knowledge of the laws regarding Tribal court systems.
• Demonstrated experience in litigation with a focus on legal writing such as appellate work or a judicial clerkship preferred.
• Must have experience drafting and revising Tribal laws. (Judicial clerkship experience preferred.)

Skills:

• Strong writing and interpersonal communication skills.
• Adept at multi-tasking, have unquestionable integrity, with an uncompromising commitment to quality.
• Organized with attention to detail and strong project management skills including ability to process and organize large volume of documents.
• Detailed knowledge of Tribal, federal, and state issues impacting the Tribe and the ability to translate complex legal issues and requirements into understandable terms for easy dissemination.
• Ability to meet with stakeholders and translate community input and recommendations into policy recommendations in a timely fashion.
• Willingness to travel locally on a frequent basis and occasionally out-of-town.
• Must have a demonstrated capacity to function with minimal guidance in a highly ethical manner.
• Must be familiar with federal law pertaining to Indian Country, particularly as it relates to the scope of laws, court and legal services.
• Working knowledge of PL 280 and other applicable laws preferred.
• Must be willing to gain familiarity with the history and customs of the Kalispel Tribe and its extended community.
• Ability to work in a high-performance, fast-paced environment.
• Must have excellent oral and written communication skills, and ability to effectively communicate with a wide variety of audiences of various ages and educational backgrounds.
• Must have a flexible schedule and commitment to attendance.
• Must possess the knowledge and willingness to conduct extensive research, both electronically and otherwise.
• Must be proficient in computer applications in a Windows-based environment, e.g., word processing, spreadsheets, PowerPoint presentations, and e-mails.
• Must have the personal and professional skills to identify and resolve problems under pressure conditions.
• Must possess skills in maintaining effective working relations with department team members and other team members and the public.
• Must have the ability to use and assist in the use of copy and fax machines and other related office equipment.

Other Requirements:

• Driving record must meet insurability requirements.
• Valid driver's license (must be in possession while operating a Tribal Vehicle).
• Comply with the Kalispel Tribe's drug-free work environment.
• Must not be under investigation for any complaint(s) by any court or governing body in any jurisdiction and must disclose any such past investigations.

Physical Demands:

• Requires the ability to lift and/or move objects weighing up to thirty-five (35) pounds.
• Constantly requires the ability to receive detailed information through oral communication, and to make fine discrimination in sound.
• Constantly requires verbally expressing or exchanging ideas of important instructions accurately, loudly, or quickly.
• Constantly requires working with fingers rather than the whole hand or arm.
• Constantly requires repetitive movement of the wrists, hands, and/or fingers.
• Often requires walking or moving about to accomplish tasks.
• Occasionally requires standing and/or sitting for sustained periods of time.
• Occasionally requires ascending or descending stairs or ramps using feet and legs and/or hands and arms.
• Occasionally requires raising objects from a lower to a higher position or moving objects horizontally.
• Occasionally requires stooping which entails the use of the lower extremities and back muscles. Infrequently requires crouching.
• Specific vision abilities required by this job include close vision, distance vision, color vision, and the ability to adjust focus.

Work Environment:

The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is occasionally exposed to tobacco smoke, moving mechanical parts and fumes or airborne particles. The worker is frequently subject to inside environmental conditions, which provide protection from weather conditions, but not necessarily from temperature changes, and is occasionally subject to outside environmental conditions and to wet and/or humid conditions. The noise level in the work environment is usually moderate.

Travel Requirements:

Local travel is occasionally required. Travel outside of the State of Washington is infrequently required. Typical travel time is generally less than a week. The location of this position shall be split between Cusick and Airway Heights (primary), with additional travel, as necessary.

Disclaimer: Certain Licenses and Certification requirements can be obtained once hired.