UNITED STATES SENATE COMMITTEE ON INDIAN AFFAIRS LEGISLATIVE HEARING ON “S. 2785, A BILL TO PROTECT NATIVE CHILDREN AND PROMOTE PUBLIC SAFETY IN INDIAN COUNTRY” AND S. 2920, “THE TRIBAL LAW AND ORDER REAUTHORIZATION ACT OF 2016.” TESTIMONY ALFRED L. URBINA, ATTORNEY GENERAL, PASCUA YAQUI TRIBE OF ARIZONA, Size is over 20 Mb
The Office of the Attorney General is responsible for providing nonpartisan legal advice and representation to all officials, agencies, departments, divisions, enterprises and other entities of the Tribe's government.
The Attorney General shall have the following authority, responsibilities and duties:
To provide nonpartisan legal advice and representation as needed to the Tribe, its officials, departments, agencies, offices, enterprises, branches, the Tribal Council and its committees, and such other entities as the Tribal Council shall authorize the Attorney General to advise and represent.
Except in matters under the authority of the Office of the Prosecutor, to represent the Tribe in all legal proceedings and in other matters that affect the legal interests of the Tribe.
To work with the Judicial Branch Staff Attorney on legal matters involving action by or the involvement of the Judicial Branch, to promote cooperation and resolution of any potential conflicts or disagreements between the governmental branches; provided, however, that such efforts shall be limited to subjects which the Attorney General is ethically permitted to discuss under the ethical standards referred to in Section 3(N) or otherwise applicable, and shall not extend to pending cases in the Judicial Branch or other matters to the extent such discussions would be foreclosed by pertinent ethical responsibilities.
At the request of any entity of the Tribe, the Chairman, or of the Tribal Council, or on his own motion, to determine whether outside counsel should be retained by the Tribe for advice or representation as to any specific task or specialized area of the law and the justification therefore, and to make a recommendation thereon to the Tribal Council.
To formulate overall administrative and operating policies pertaining to the Office of the Attorney General and to take such action as the Attorney General deems necessary to implement such policies.
To exercise ultimate supervisory control and direction over all personnel within the Office of the Attorney General.
To represent the Tribe and its governmental agencies in all legal matters in its dealings and relations outside the Tribe, except to the extent that such representation has been delegated to other counsel in a manner consistent with this Ordinance.
Annually to develop and submit to the Tribal Council a budget for the operation of the Office of the Attorney General.
To assist in preparing proposed resolutions of the Council, to review all resolutions proposed to be submitted to the Tribal Council, to provide advice and recommendations thereon, and to provide legal advice and opinions to the Tribal Council and its committees to assist them in conducting their business.
To negotiate and approve as to form all contracts proposed to be entered into by or on behalf of the Tribe prior to execution thereof with attorneys, lobbyists, independent auditors, and other professional advisors to the Tribal Council for which an ongoing relationship is anticipated.
To review and approve as to form all contracts of any type for an amount in excess of $25,000 proposed to be entered into by or on behalf of the Tribe, prior to execution thereof, and, at the request of the Chairman or the head of any tribal department, office or agency, to assist in negotiating any such contracts.
To advise the Tribal Council and oversee the compilation and adoption of a comprehensive code of the laws of the Tribe and to propose the enactment of such additional laws as, in the Attorney General's opinion, are required for the orderly management of the Tribe's affairs and the regulation of persons and activities within the Tribe.
Regularly, and on special request, to report to the Tribal Council and to the Chairman of the Tribe on the legal affairs of the Tribe, the particular legal matters facing the Tribe and their potential consequences, and on the progress of the Attorney General in meeting the Tribe's legal needs.
To perform all of the duties and responsibilities of the Office in accordance with the highest standards of legal ethics.
In the Attorney General’s sole discretion, to identify any legal issue that the Attorney General believes is of importance to the well being of the Tribe, and to report such issues to the Tribal Council or Chairman, as the Attorney General, in his or her sole discretion, deems appropriate.
To adopt guidelines governing the scope of the Office’s representation.
To provide advice and representation in additional matters as the Tribal Council directs.
Laura Berglan, Attorney General
Phone (520) 883-5106
FAX (520) 883-5084
Pascua Yaqui Tribe
Attorney General Department
7777 S. Camino Huivisim Bldg. C
Tucson, AZ 85757