Public Defender

Winnebago Tribe•Winnebago, NE
•Onsite

About The Position

The Public Defender represents defendants in adult criminal cases, juveniles in delinquency and status-offense cases, and parents or other legal custodians in child-dependency cases in the Winnebago Tribal Court. The role handles representation at all stages of proceedings involving violations of the Winnebago Tribal Code and coordinates with Tribal organizations, law-enforcement agencies on and off the Reservation, the FBI, the U.S. Attorney’s Office, and prosecutors and counsel in other jurisdictions. The position is based in the Tribal Court building in Winnebago, Nebraska. The posting describes the role as regular part-time, while also stating that the position will be considered a full-time employee. The Public Defender advises and communicates with clients, reviews and investigates cases, appears at hearings and trials, prepares legal documents, and assists clients with court orders and referrals to relevant services. The role also contributes to the Tribe’s justice system through code and court-rule development, meetings, trainings, and grants. The Public Defender maintains confidentiality and complies with applicable professional and ethical standards, licensing obligations, and reporting requirements. The position works with minimal to no supervision and performs other related duties as assigned.

Requirements

  • Licensed or qualified attorney at law.
  • Never have been convicted of a felony for which the applicant did not receive a full pardon.
  • Be of high moral character.
  • Be familiar with the Code of Professional Ethics for attorneys.
  • Satisfy Tribal Code requirements to practice law.
  • Read, write, and speak English fluently and continually and effectively use professional verbal and written communication skills.
  • Comply with 45 CFR 1301, Subpart D, Section 1301.31(C) and (D), including signing the required declaration regarding arrests and convictions of child abuse or violent felonies.
  • Comply with PL 101-630 and PL 101-637 regarding criminal-record checks.
  • Submit a resume, cover letter, and two letters of recommendation; provide copies of degrees earned.

Nice To Haves

  • Two years of legal experience is preferred.

Responsibilities

  • Demonstrate the Winnebago Tribe’s core mission, vision, and values.
  • Represent defendants in adult criminal cases, youth in delinquency and status-offense cases, and parents or other legal custodians in child-dependency cases.
  • Advise clients about their rights, responsibilities, choices, and consequences.
  • Maintain contact with clients, communicate effectively, respond promptly to questions and messages, and meet with clients in person as necessary, including at off-Reservation lockup facilities.
  • Maintain regular office hours.
  • Review police reports 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 other evidentiary and procedural hearings.
  • Prepare cases by reviewing discovery, investigating, interviewing clients and witnesses, evaluating evidence, conducting legal research, and developing case strategy.
  • Prepare pleadings, motions, legal memoranda and briefs, proposed orders, jury instructions, sentencing recommendations, appellate notices and briefs, and other appropriate legal documents and forms.
  • Communicate, coordinate, and negotiate with the Tribal Prosecutor and with counsel representing the Public Defender’s clients in other jurisdictions.
  • Assist clients with complying with court orders and obtaining assessments and services related to substance use, mental health, domestic violence, and other psychosocial issues.
  • Assist in improving the Tribe’s justice system, including developing codes and court rules, participating in meetings and trainings, and preparing and implementing grants.
  • Attend continuing legal education programs, seminars, and trainings as needed to perform the duties and maintain professional licensing.
  • Review pertinent decisions, policies, regulations, and other legal matters relevant to cases.
  • Work with community resources to develop alternative sentencing.
  • Prepare monthly case-status reports and other reports requested by the Chief Clerk Administrator.
  • Maintain confidentiality and comply with professional and ethical standards required by the Nebraska State Bar and any other bar associations of which the Public Defender is a member.
  • Perform other job-related duties assigned by the immediate supervisor.
  • Comply with required declarations and criminal-record-check requirements concerning arrests and convictions of child abuse or violent felonies.
  • Provide copies of degrees earned as part of the application process.
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