Personal Summary

Professor Jordan Gross teaches Criminal Procedure–Adjudicative, Criminal Justice in Indian Country, Interdisciplinary Criminal Justice Reform, White Collar Crime and Professional Responsibility. Professor Gross has previously taught Criminal Law, Criminal Procedure–Investigative, Federal Courts, and Environmental Crime. Professor Gross is the founder and Faculty Supervisor of the Law School's Pro Bono Program.

Professor Gross is a member of the bar in Montana and in Washington State. She is admitted to practice before the United States District Court for Montana, the United States District Court for the Western District of Washington, the Ninth Circuit Court of Appeals, and the United States Supreme Court.

Professor Gross fulfills her Pro Bono service obligations by regularly volunteering alongside students at the Law School's Free Family Law Clinic, and through frequent presentations to the bench and bar in the areas of Criminal Law and Procedure, and Legal Ethics. She serves on the Board of Directors of the Montana Innocence Project and sits by appointment on the State Bar of Montana Ethics Committee. Professor Gross served on the Board of Trustees of the Montana Legal Services Association from 2016-2019.

Before joining the faculty, Professor Gross was a partner in a litigation firm in Seattle. In private practice, she represented individuals and businesses in complex litigation and appeals involving federal criminal allegations, contract disputes, fraud allegations, securities law, federal billing practices, whistleblower allegations, and state and federal constitutional issues. While in private practice, Professor Gross regularly represented indigent federal criminal defendants as appointed CJA counsel. She fulfilled her Pro Bono service obligations by volunteering with the American Civil Liberties Union of Washington as a Co-operating Attorney and as a member of its Legal Committee. Professor Gross clerked for United States District Court Judge Barbara Jacobs Rothstein and Washington State Court of Appeals Judge Susan R. Agid before entering private practice.

Education

Professor Gross earned B.A. degrees in Political Science and English Literature from the University of Washington in 1989. She earned her J.D. degree, cum laude, from Howard University School of Law in 1993, where she was a member of the law review.

Courses Taught

Current Courses

• Criminal Justice in Indian Country
• Criminal Procedure-Adjudicative
• Interdisciplinary Criminal Justice Reform
• Professional Responsibility
• White Collar Crime

Previously Taught

• Criminal Law
• Criminal Procedure-Investigative
• Environmental Crime
• Federal Courts
• Criminal Defense External Clinics, Faculty Supervisor
• Prosecution External Clinics, Faculty Supervisor

Research Interests

My scholarship focuses on the distribution, exercise, and regulation of criminal adjudicatory power in federal systems and on interdisciplinary criminal justice reform. Areas of inquiry include: (1) allocation of criminal jurisdiction among federal, tribal, state, and local governments; (2) comparative federal, state, tribal, and international criminal procedure; (3) disproportionate representation of indigenous persons, especially women and girls, in settler-colonial criminal adjudicatory systems; and (4) incorporating the experiences and needs of rural and indigenous communities in criminal justice reform.

Publications

Law Review Articles:

• Pretrial Justice in Out-of-the-Way Places – Including Rurality in the Bail Reform Conversation, work in progress
• Taking Stock: Open Questions and Unfinished Business Under VAWA Amendments to the Indian Civil Rights Act, 72(3) Hastings Law Journal 475 (2022)
• Incorporation By Any Other Name? A Comparative Analysis of Congress' Federalization of Tribal Court Criminal Procedure under the Indian Civil Rights Act with the Supreme Courts' Regulation of State Courts under the Fourteenth Amendment,109 Kentucky Law Journal 229 (2020-21)
• Devil Take the Hindmost – Reform Considerations for States with a Constitutional Right to Bail, 52(4) Akron Law Review 1043 (2018)
• Through a Federal Habeas Corpus Glass, Darkly – Who Is Entitled to Effective Assistance of Counsel In Tribal Court and How Will We Know If They Got It? 42 American Indian Law Review, Univ. of Oklahoma 1 (2017)
• VAWA 2013’S Right to Appointed Counsel in Tribal Court Proceedings – A Rising Tide That Lifts All Boats or a Procedural Windfall for Non-Indian Defendants? 67 Case Western Reserve Law Review 379 (2016)
• Let the Jury Fit the Crime: Increasing Native American Jury Pool Representation in Federal Judicial Districts with Indian Country Criminal Jurisdiction, 77 Montana Law Review 281 (2016)
• The Upside Down Mississippi Problem: Addressing Procedural Disparity Between Federal and State Criminal Defendants as the Federalization, Nationalization and Standardization Tide Recedes, 38 Hamline L. Rev. 1 (2015)
• An Ounce of Pretrial Prevention is Worth More Than a Pound of Post-Conviction Cure: Untethering Federal Pretrial Criminal Procedure From Due Process Standards of Review, 18 Berkeley J. Crim. L. (2013)
• If Skilling Can’t Get a Change of Venue, Who Can? Salvaging Common Law Implied Bias Principles from the Wreckage of the Constitutional Pretrial Publicity Standard, 85 Temp. L.R. 575 (2013)
• A Reasonable Expectation of Privacy? Homelessness and the Fourth Amendment – State v. Mooney, Student Note, 36 Howard Law Journal 75 (1993)

Book Chapter:

• Ethical Considerations in Environmental Crime Prosecution and Defense - chapter in Issues of Legal Ethics in the Practice of Environmental Law, 2nd Ed., forthcoming

Affiliations

Admissions to practice (all active)

• State Bar of Montana
• Washington State Bar Association
• United States Supreme Court
• United States Court of Appeals for the Ninth Circuit
• United States District Court for the District of Montana
• United States District Court for the Western District of Washington

Specialized Skills

Proficient in spoken and written Spanish.

Professional Experience

Presentations and Public Appearances (selected)

• Pretrial Justice in Out-of-the-Way Places – Including Rural Communities in the Bail Reform Conversation, Law and Rurality Workshop, University of Nebraska, October 21, 2022
• Making Space for Indigenous Justice Norms: Criminal Jurisdiction, Self-Determination, and the MMIP Crisis in Canada and the United States, University of Guelph, Fulbright Canada Public Lecture, April 6, 2022
• Ethics in Pro Bono: Remote Practice, Montana Legal Services Association, April 12, 2022
• Pretrial Justice in Out-of-the-Way Places: Including Small, Tribal and Rural Jurisdictions in the Bail Reform Conversation, Deason Criminal Justice Center, SMU Law School, March 3, 2022 (co-presented with Dr. Laura Kirsch, University of Montana Department of Psychology) 
• Social Media Infiltration: Investigating “Change of Venue” as a Case-In-Point, Thomas R. Kline Center for Continuing Judicial Education of the Duquesne University School of Law, April 6-7, 2021
• NALSA/BALSA Social Justice Forum - Moderator, Blewett School of Law, November 11, 2020
• Ethics and Criminal Justice, Montana Judges’ Association (MJA) Fall Conference, October 7, 2020
• Juneteenth History, Montana Innocence Project, June 19, 2020
• Ethical Considerations for Family Law Attorneys, Montana Bar Association Family Law Section Webinar, April 17, 2020
• Ethics in Pro Bono, Montana Legal Services Association Webinar, March 11, 2020
• Pretrial Detention and Mass Incarceration, Panelist – National Lawyers Guild Week Against Mass Incarceration, University of Montana School of Law, March 3, 2020
• Criminal Justice in Indian Country, featuring Fort Peck Tribal Court Chief Judge FourStar, Panelist – Native American Law Students Association Forum, University of Montana School of Law, November 18, 2019
• Meeting our Pro Bono Responsibilities Under the Montana Rules of Professional Conduct, Co-organizer and Presenter – United States District Court, Federal Bar Association & Law School Power Act Event, Missoula, August 2, 2019
• Women and the Legal Profession – Montana New Leadership 2019, Missoula, June 25, 2019
• Case Introduction – Montana Supreme Court 2019 Law Day Oral Argument, Missoula, April 18, 2019
• Ethics in Criminal Defense – Montana Association of Criminal Defense Lawyers and Office of Public Defense, Bozeman, September 22, 2018
• What’s Going On with Bail Reform? – University of Montana School of Law, Missoula September 20, 2018; video available at:  https://www.youtube.com/watch?v=sQL9Tsbi43w
• Government Lawyer Ethics: Client-Constituent Communications – Montana Municipal Interlocal Authority, Jim Tillotson Service Program, Billings, May 11, 2018
• Case Introduction – Montana Supreme Court 2018 Law Day Oral Argument, Bozeman, April 5, 2018
• Pro Bono Ethics – Montana Legal Services Association Webinar, March 21, 2018
• Fact, Fiction and Unintended Consequences in Criminal Justice Reform – University of Montana Community Lecture Series, Missoula, March 13, 2018
• Ethics for the Government Lawyer – Montana League of Cities and Towns, Great Falls, September 29, 2017
• Ethics in Criminal Defense – Montana Association of Criminal Defense Lawyers and Office of Public Defense, Missoula, September 23, 2017
• Know Your Rights, Panelist – Associated Students of the University of Montana Community Forum, Missoula, April 27, 2017
• Incorporating Pro Bono Into Practice, Panelist – Montana Public Interest Law Coalition, Missoula, April 27, 2017
• New Rules: From Technology to Harassment and Discrimination, What You Do Not Know Can Hurt You – State Bar of Montana 2017 Annual Ski & CLE, Big Sky, January 14, 2017
• What’s a Judge to Do? Pro Se Litigants & Incompetent Counsel - Ethics and Best Practices – Montana Judges’ Association Fall Conference, Polson, October 7, 2016
• Rules and Best Practices of Limited Scope Representation – CASA CLE, Kalispell April 13, 2016
• Limited Scope Representation – Montana Legal Services Association, Webinar January 29, 2016
• Career Discussion, Facilitator – Women’s Law Caucus, September 2015
• Mentoring and Supervising in Trial Practice: Ethical Rules and Responsibilities – Montana Trial Lawyers’ Association 2015 Annual Convention, Missoula
• Ethics of Mentoring – Montana Legal Services Association and State Bar of Montana, Webinar April 2015
• Ethics of Limited Scope, Pro Bono, and Modest Means, Panelist – State Bar of Montana, New Lawyers Section Annual Toolkit CLE, University of Montana School of Law, April 2015
• Pro Bono Ethics – National Association of Pro Bono Professionals, Executive Committee, Webinar March 2015
• Ethics Update – Road Show CLE, Yellowstone Area Bar Association, Billings, February 2015
• Women in the Law, Moderator – Criminal Law Student Group, October 2014
• Limited Scope Representation, Panelist – State Bar of Montana Bankruptcy Section, Missoula, September 2014
• Search and Seizure Update – Montana Judges’ Association 2014 Annual Conference, Helena
• Entity and Supervisory Ethics – Clinical Supervisors Meeting, University of Montana School of Law, February 2014
• Representing the Low-Income Family Law Client in Montana: Ethical Considerations – Montana Legal Services Association, Webinar, March 2014
• CLE for a Cause – Substance Abuse & Mental Illness – State Bar of Montana, Missoula, March 2013
• Views from the Bench, Moderator – Judicial Ethics Panel, Spring 2012 Reunion CLE, University of Montana School of Law
• Alcohol Abuse and Addiction in the Legal Profession: Case Studies and Resources – State Bar of Montana, Helena, May 2012
• Ethical Responsibilities of Supervisory Lawyers – 2011 Clinical Supervisors Meeting, University of Montana School of Law
• Civil and Criminal Enforcement of Environmental Law, Organizer and Co-instructor – University of Montana School of Law, October 2011
• Social Media and Legal Ethics: What Lawyers Should Know About Communicating, Advertising and Socializing on the Internet – State Bar Women Lawyers Section 2011 Annual Meeting, Chico Hot Springs
• You Are Your Brother’s/Sister’s Keeper: Responsibility for Impaired Lawyers under the Rules of Professional Conduct – Montana Defense Trial Lawyers 2011 Annual Meeting, Missoula
• High Tech Ethics: Meeting the Duties of Competence, Communication, and Confidentiality in the Digital World – Montana Defense Trial Lawyers 2011 Annual Meeting, Missoula

Professional(selected)

• Yarmuth Wilsdon Calfo, PLLC (now Calfo Eakes, PLLC)
  Seattle, Washington

• Judicial Law Clerk
  Hon. Barbara Jacobs Rothstein
  U.S. District Court for the Western District of Washington
  Seattle, Washington

• Judicial Law Clerk
  Hon. Susan Agid
  Washington State Court of Appeals, Division I
  Seattle, Washington

International Experience

• Research Chair in Indigenous Public Policy and Criminal Justice, 01/2022-08/2022
  Fulbright Canada, University of Guelph, Ontario

Honors / Awards

• Maylinn Smith Native American Law Students Association (NALSA) Excellence in Teaching Award 2022 – recognizing efforts to significantly incorporate Indian Law concepts throughout teaching
• Heman Faculty Award 2022 – recognizing excellence in teaching, especially innovation in the classroom and creative approaches to remote and online learning
• University of Montana Facutly Merit Award 2021 - recognizing outstanding institutional performance
• Margery Hunter Brown Faculty Merit Award 2018 – recognizing the spirit of professionalism and professorial qualities for which Margery Hunter Brown was known
• University of Montana Faculty Merit Award 2018 – recognizing outstanding institutional performance
• Law School Merit Award 2017 – recognizing outstanding service to the School of Law
• Graduation Luncheon Speaker & Graduation Ceremony Reader 2016 (selected by student vote; akin to “Teacher of the Year” Award)
• Robert and Pauline Poore Law Faculty Service Award 2016 – recognizing service to the profession and the public that is particularly noteworthy
• James C. Garlington Teaching Award 2015 – recognizing excellence in teaching
• Thomas H. and Ann Boone Law Faculty Scholarship Award 2014 – recognizing excellence in scholarship
• University of Montana Faculty Merit Award 2014 – recognizing outstanding institutional performance
• University of Montana School of Law Advanced Trial Advocacy Program Certificate of Participation and Appreciation 2014 – recognizing dedication and invaluable service as a faculty member
• Native American Law Students Association (NALSA) Excellence in Teaching Award 2014 - recognizing efforts to significantly incorporate Indian Law concepts throughout teaching
• Margery Hunter Brown Faculty Merit Award 2013 – recognizing the spirit of professionalism and professorial qualities for which Margery Hunter Brown was known
• University of Montana Faculty Merit Award 2012 – recognizing outstanding institutional performance