Tribal Deputy Prosecutor

Benefits:

401(k)

Health insurance

Wellness resources

Closes: 5/12/2025

Tribal Deputy Prosecutor

Reports to:

Chief Clerk/Tribal Court Administrator

Salary (Grade): $30.00/hour

Status:
Reg. Full-Time (Exempt)

Location:

Tribal Court, Winnebago NE 68071

Job Purpose &

Position Overview:

Incumbent is responsible for conducting prosecution in all criminal court proceedings.

The Winnebago Tribal Prosecutor conducts the prosecution of adult criminal cases, juvenile delinquency cases, and civil offenses involving violations of the Traffic, Wildlife and Animal Control statutes, representing the Winnebago Tribe of Nebraska at all stages of these proceedings in the Winnebago Tribal Court.

The Tribal Prosecutor presents to the Court all cases of adult Civil Commitment, and prosecutes the case on behalf of the petitioner.

When there is no Presenting Officer appointed to represent the Tribe in cases involving neglected or dependent children, or minors-in-need-of-care, the Tribal Prosecutor also represents the Tribe in those cases. Incumbent is the designated representative providing or supervising services required by the Indian Child Welfare Act and Adult and Child Protection Services Agreement and the Winnebago Tribal Code.

The Tribal Prosecutor works with Tribal Organizations, law enforcement agencies, both on and off the Reservation, including the FBI and the US Attorney's Office, and prosecutor's offices in other jurisdictions.

Specific Job Duties/Responsibilities:

Pursuant to WTC §1-243:
There is hereby created an office which shall be known as the prosecutor’s office. The officers shall be known as prosecutors and shall be officers of the Winnebago Tribal Court System. [TCR 96-22]

Pursuant to WTC §1-244:

The prosecutor is charged with the responsibility of seeing that justice is administered within the Tribe’s jurisdiction.

It is the duty of the prosecutor(s) to know and be guided by the standards of professional conduct as defined in the Codes and canons of the legal profession.

It is the duty of the prosecutor to do such other duties which shall be required in this Code and which shall be required to carry out the efficient operation of the Tribal Court. [TCR 86-79]

Demonstrates the Winnebago Tribe’s core mission, vision, and values.

Review police reports and determine whether there is sufficient evidence to prepare and file a complaint charging the accused with crimes under the Winnebago Tribal Code, and obtain additional information from law enforcement personnel when required.

Appear in court at all stages of criminal prosecutions including arraignments, pre-trial conferences, trials, sentencings or dispositions, and all other evidentiary and procedural hearings.

Prepare all pleadings, including adult criminal complaints, traffic complaints, and juvenile delinquency petitions, and prepares and responds to motions filed in the Tribal Court.

Formulate trial strategy, conduct plea negotiations and prepare jury instructions. Meet with and interview witnesses and victims to ascertain facts of case and prepare for trial.

Represent the Tribe in appeals pursuant to trial court responsibilities.

Review new cases with victim witness coordinator to maintain a point of contact and information during criminal proceedings.

Evaluate appropriate court intervention in juvenile delinquency cases based on information provided by court staff or service providers.

When no special prosecutor is available, prepare and file Minor-in-Need-of-Care petitions and Temporary Protective Custody applications. If there is no special prosecutor, appear on behalf of the Tribe at all proceedings in Minor-in-Need-of-Care including initial appearances, adjudications, dispositions and regular case reviews.

Prepare talks and present information and instruction in legal issues for law enforcement and other agencies, and participate in meetings with community organizations.

Attend seminars and conferences to maintain continuing education in specialized areas of the law as well as child support training programs, workshops, seminars, and collaborative meetings as appropriate.

Reviews pertinent decisions, policies, regulations and other legal matters that pertains to…