POSITION: ATTORNEY LICENSED: No
DEPARTMENT: Tribal Administration GRADE: Contracted
REPORTS TO: Bay Mills Executive Council STATUS: Exempt
The attorney works under the direct supervision of the President of the Bay Mills Indian Community, and provides strategic legal advice as counsel for and on behalf of the Bay Mills Indian Community, and all its governmental and commercial entities to advance compliance with applicable laws, to appear as such before all federal, state and tribal courts, tribunals, departments, agencies and committees of Congress and the State legislatures, including services in connection with tribal claims against the United States; provided, that monetary recovery claims against the United States are not covered by the attorney contract.
Act as counsel on behalf of the Tribe on any issues affecting the Tribe or any of its governmental or commercial entities.
- As counsel appear before all federal, state, tribal courts, tribunals, departments, agencies, and committees of Congress and State legislatures.
- Gathers evidence in civil and other cases to formulate defense or initiate legal action, which includes interviewing clients and witnesses or other details in preparation for trial.
- Prepare legal briefs, develops strategy, arguments, or testimony in preparation for presentation of case.
- Enhance and protect the Tribe’s sovereignty, jurisdiction, and authority.
- Provide legal representation, conduct legal research, review contracts and engage in contract negotiations as directed.
- Drafting comments to state, federal, and local governments on various plan, permits, and development which may impair or affect reserved treaty and cultural rights of the Bay Mills Indian Community such as zoning, water rights, and environmental protection.
- Ensure tribal compliance with applicable laws, regulations, and policies through regular consultation with internal entities.
- Identify and assess legal risks and opportunities and advise internal entities.
- Work with the Executive Council, Legal Department, and other internal entities to draft tribal legislation, ordinances, resolutions, administrative rules and regulations, or other documents and instruments.
- Assist the Bay Mills Tribal Court with child welfare proceedings as assigned, and represent the Tribe in child protection proceedings under the Indian Child Welfare Act in courts across the United States.
- At the direction of the Executive Council assist with training of junior attorneys, staff, or interns that enter the Legal Department.
- At the direction of the Executive Council attend conferences, educational courses, training, to maintain professional growth and development to improve professional competence.
- Must be able to work collaboratively with other attorneys retained by the Tribe to represent its interests in specific legal matters.
- Must follow the Bay Mills Indian Community Policies and Procedures.
- Must follow the Tribal Court’s Rules of Ethics regarding an attorney’s law practices.
- Must not engage in conduct, which violates the ABA Code of Professional Responsibility or causes the attorney to be disciplined by the Bar of any State.
- Be able to work in an office-setting environment located with the Legal Department.
- Must attend all mandatory trainings offered through the Human Resources Department and/or Department Director.
- Must attend all meetings, committees, and boards of the Bay Mills Indian Community.
- Must be able to perform other duties as assigned by the Executive Council.
While performing the duties of this job, the employee is regularly required to sit, walk, and stand. Occasionally the employee must bend, squat, kneel, push/pull, and reach above shoulder level. The employee must occasionally lift and/or move up to 50 pounds. The employee is also required to use their hands for repetitive movement.
Juris Doctor Degree from an ABA accredited law school required.
- Member of the Michigan State Bar and licensed to practice law in the state of Michigan required.
- No less than 3 years’ experience in federal Indian law, tribal consultation, child welfare law, Indian Child Welfare Act, labor and employment law, gaming and tax law, and comprehensive understanding of tribal sovereignty and tribal jurisdictional matters.
- Outstanding writing, researching, and communication skills required.
- Must have an excellent past work record.
- Must have a valid driver’s license with good driving record and be insurable to drive. Must be able to travel when required.
- Must have high integrity and honesty standards. The incumbent must be free of any criminal record in tribal, state or federal jurisdictions.
- To perform this position successfully, an individual must be able to satisfactorily perform each function listed under the essential functions and physical demands categories of this position description.