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Appendix D: Hiring Checklist


        DISCLAIMER: This is a sample document only. The hiring process will be unique for each tribal court, so
        the person responsible for hiring the judicial law clerk should identify what their organization requires.




        STEP ONE – Design the Judicial Law Clerk (JCL) Position                                                                             STEP THREE – Review Interview Questions
                                                                                                                                            and Research Assignments
             ᆤ Categorize the JLC position.
                                                                                                                                            While the position is advertised, review your interview questions and your research
        Employee                                                                                                                            assignments, if applicable.

        An average of 30 hours or more per week constitutes full-time employment under the
                                                                                                                                                ᆤ Interview questions should help you identify the candidate’s understanding of basic
        Affordable Care Act for purposes of health care benefits.
                                                                                                                                                principles of tribal justice systems and courts in general.
        Extern/Intern
                                                                                                                                                   You might also consider asking questions that identify whether the candidate has
        Review the requirements the college/university has in place for a JLC to be an extern or                                                   researched the tribal community where the court is located.
        intern such as whether a licensed attorney must supervise the JLC.
        Independent Contractor                                                                                                                  ᆤ Research assignments should help you identify the candidate’s ability to research and
                                                                                                                                                apply law to a fact pattern or a judicial process. You want them to be able to find the
        Terms of service are established through contract. Review the organization’s requirements
        on hiring independent contractors – in some cases, the tribal court will have complete                                                  answer, so provide the resources the candidate should review as part of the assignment.
        control over the hiring process, while in others the contract must go through a separate                                                The research assignment can be a more reliable demonstration of skills than a writing
        review process before it can be signed.                                                                                                 sample because it requires the candidates to follow instructions, conduct research and
                                                                                                                                                writing relevant to the tribal community, and adhere to deadlines.
            ᆤ Create the job description that focuses on what needs to be done on the job rather than
            just a listing of skills and years of experience. Identify demonstrated abilities that match

            what you expect from the JLC.

            ᆤ Determine compensation using market surveys, externship rules, or other organizational
            guidelines.
        STEP TWO – Advertising the Judicial Law Clerk Position


             ᆤ Prepare a job announcement that summarizes the position.

               Establish a timeline that includes how long to advertise, the due date for
               applications, and the hiring deadline. The start date usually depends on the
               candidate’s availability due to school, travel, or other obligations.


             ᆤ Advertise the job

               Your tribal organization may have certain requirements on where the JLC position
               will be announced and how long it must be advertised.

               Cast a wide net if possible – use local colleges and universities to advertise as well as
               organizations that are known for sharing tribal court-specific positions such as Turtle
               Talk, the National Native American Bar Association, the National Native American
               Law Students Association, schools with Indian law programs, the American Indian
               Law Center, Tribal In-House Counsel Association, regional judicial and Indian law
               organizations, including state bar associations, and the National American Indian
               Court Judges Association.                                                                                                                                                                      Appendix D: Hiring Checklist

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