GENERAL DEFINITION:
Per Article XXVI – Part III the Judiciary shall consist of two associate judges to assist the Chief Judge in hearing all matters before the court. The Associate Judge must qualify per Section 4 of Article XXVI so that they can responsibly carry out all duties of an associate judge to fairly and impartially hear and decide all matters assigned by the chief judge. Under the direct supervision of the Chief Judge.
KNOWLEDGE, SKILLS & ABILITIES:
1. Demonstrate oral and written communication skills as well as the ability to perform legal research and possess analytical skills commensurate with the position of associate judge.
2. Demonstrate knowledge of general legal principles in all areas listed in “Duties and Responsibilities”.
3. Demonstrate knowledge of Mescalero Apache Law, Federal Indian Law and other relevant law.
4. Understand, appreciate and promote the ideas of tribal self-determination and tribal sovereignty.
5. Possess and demonstrate a judicial temperament.
6. Possess a working knowledge of computers and software.
EDUCATION & EXPERIENCE:
A law degree from an ABA approved law school, or a Master’s level degree with court experience, or a Bachelor of Arts or Sciences with at least 2 years court experience, or an Associates of Arts degree with at least 4 years of court experience or High School diploma or equivalent with at least 5 years of court experience including 2 years serving as a judge.
LICENSES & CERTIFICATES:
1. A state or tribal bar license is preferred although not a pre-requisite to obtaining the appointment
2. Must possess a valid New Mexico driver’s license and be insurable.
3. Must submit to a background check
MINIMAL QUALIFICATIONS:
Pursuant to Chapter 2, Section 2-1-4 of the Revised (September 9, 2016) Mescalero Apache Tribal Code, the successful candidate for the position of Associate or Alternate Judge must:
1. Possess at least one-quarter (1/4) Indian blood and is a member of a federally-recognized Tribe, nation or bank of Indians, or is an Eskimo, Aleut or other Alaskan native.
2. Be not less than 35 years nor more than 70 years of age; and
3. Has not been convicted of a felony, or, within one year of a misdemeanor previous to appointment.
DUTIES & RESPONSIBILITIES:
1. Hear and preside over all types of cases filed in the Tribal Court, including but not limited to: criminal, traffic, civil (i.e. domestic relations, probate, repossession, breach of contract, personal injury), juvenile and child welfare cases (i.e. neglect, dependency, delinquency, truancy).
2. Conduct legal research and issue orders in a timely manner.
3. Preside over bench and jury trials in both criminal and civil matters
4. Issue search and seizure warrants, arrest warrants and orders of protection where appropriate.
5. Assist the Chief Judge in the development of the court rules of procedure in all areas listed above.
6. Adhere to the Tribal Code and Tribal Court Judicial Code of Conduct and Judicial Ethics.
