Chief Judge

The Chief Judge is responsible for fairly and impartially hearing and deciding judicial matters within the jurisdiction of the Mescalero Apache Tribe and supervising Associate Judges. All cases shall initially be assigned to the Chief Judge. The Chief Judge may assign cases and other matters to an Associate Judge or Judges Pro Tem depending on the circumstances. In addition to the responsibilities listed below, the Chief Judge is responsible for protecting and enhancing the Tribe’s sovereignty and must conduct himself/herself according to the highest ethical standards. The Chief Judge shall be appointed by the Tribal President and confirmed by the Tribal Council for a two-year term. Responsibilities may also include the administrative operations of the Tribal Court, including case management and the timeliness of judgments and orders.

This position description may not include all of the listed duties, nor do all of the listed examples include all tasks which may be found or assigned to this position.

Duties and Responsibilities:

• Adhere to, interpret, and apply the Mescalero Apache Tribal Code and the Revised Constitution of the Mescalero Apache Tribe;
• Hear and determine all types of cases in the Tribal Court, including but not limited to:
• • Criminal
  • Traffic
  • Civil (e.g. domestic relations, public, repossession, breach of contract, personal injury)
  • Juvenile, and
  • Child Welfare cases (e.g. neglect, dependency, delinquency and truancy);
• In a timely manner, conduct legal research and issue orders;
• Preside over jury trials;
• Handles all phases of civil and criminal litigation, drafts orders, opinions, memoranda and other legal documents, and fulfills all other duties required to assure an effective and fair Tribal Court;
• Issue research and seizure warrants, arrest warrants, and orders of protection where appropriate;
• Assists in the development of grant proposals to improve the operation of the Tribal Court; and
• Assist the Court Administrator in the development of a Court Budget and maintenance of case docket.

Knowledge/Skills/Abilities:

• Oral and written communication skills, as well as the ability to perform legal research and possess analytical skills commensurate with the position of Chief Judge;
• Knowledge of general legal principles in all areas, specifically in the field of federal Indian law;
• Knowledge in federal grants and “638” contracting;
• An appreciation for and promote the ideas of self-determination and sovereignty;
• A judicial temperament; and
• A working knowledge of computers and software.

Minimum Qualifications:

• Pursuant to Article XXVI, Section 4 of the Revised Constitution of the Mescalero Apache Tribe, the successful candidate for the position of Chief Just must:

• • Be at least a one-quarter degree of Indian blood and is a member of a federally recognized Indian Tribe, nation, band or is an Eskimo, Aleut or other Alaska Native;
  • Be no less than thirty-five (35) years of age, nor more than seventy (70) years of age;
• In addition, the candidate must:
• • Possess/hold a law degree from a ABA accredited law school; and be licensed and in good standing in the Bar of any state; and
  • Have at least three years’ experience as a judge, chief judge experience and experience with a tribal court preferred; and
  • Never have been convicted of a felony nor a misdemeanor within the past year.
  • Must be able to pass a thorough background investigation.
  • Must have a valid motor vehicle driver’s license.
  • Must be able to pass a pre-employment drug screening.

Tribal preference and Native American Indian preference shall apply to all positions.

Job Summary

The Chief Judge is responsible for fairly and impartially hearing and deciding judicial matters within the jurisdiction of the Mescalero Apache Tribe and supervising Associate Judges. All cases shall initially be assigned to the Chief Judge. The Chief Judge may assign cases and other matters to an Associate Judge or Judges Pro Tem depending on the circumstances. In addition to the responsibilities listed below, the Chief Judge is responsible for protecting and enhancing the Tribe’s sovereignty and must conduct himself/herself according to the highest ethical standards. The Chief Judge shall be appointed by the Tribal President and confirmed by the Tribal Council for a two-year term. Responsibilities may also include the administrative operations of the Tribal Court, including case management and the timeliness of judgments and orders.

This position description may not include all of the listed duties, nor do all of the listed examples include all tasks which may be found or assigned to this position.