Juvenile and Family Court Journal: Examining ICWA
Washington Federal Court Holds that Railroad is Liable for Trespass on Swinomish Lands
Here are the available trial materials from Swinomish Indian Tribal Community v BNSF Railway Company (W.D. Wash.):
And here is the judge’s decision:
Prior post here.
Montana Federal Court Declines to Enjoin Montana’s Human Rights Board from Enforcing COVID/Vaccination Laws on Blackfeet
Here are the new materials in Glacier County Regional Port Authority v. Esau (D. Mont.):
20 Glacier County Motion for Preliminary Injunction
25 Montana Human Rights Bureau Response
34 Montana Human Rights Bureau Response to 20
50 Amended Blackfeet Nation Intervenor Complaint
62 Blackfeet Nation Response to 20
67 Montana Dept of Labor and Industry Response to 62
Seneca-Cayuga Sues Oklahoma Officials over Reservation Boundaries Post-McGirt
Here is the complaint in Seneca-Cayuga Nation v. Drummond (N.D. Okla.):
Friday Job Announcements
To post an open Indian law or leadership job to Turtle Talk, send all of the following information to firstname.lastname@example.org
In the email body:
A typed brief description of the position which includes
- Position title
- Location (city, state)
- Main duties
- Closing date
- Any other pertinent details, such as a link to the application
- An attached PDF job announcement or link to the position description
House Natural Resources Committee
Staff Director for Indian Affairs. Washington D.C. The SD will work directly with the Counsel’s Office and Director of Legislative Operations to advance tribal legislation, prepare for Committee meetings, and create legislative memos and reference materials for staff and Members of Congress. The SD also supervises legislative employees, including interviewing, training, assigning work, and appraising performance. Closing Date: COB Monday, May 1, 2023.
Court Solicitor. Window Rock, AZ. Serves as attorney advisor for court operations, specifically on the development of court rules, forms and standards throughout the Judicial Branch; focuses on development of case management policies and procedures to effectively provide excellent services to court customers; performs analysis and assessment of court operations and case management process; develops procedures and policies to ensure consistent, best practices in the courts; prepares and transmits to the Judicial Conference and the Supreme Court statistical data and reports regarding case management and court operations; serves as the court attorney advisor in conjunction with staff attorneys to provide legal counsel and advice; develops processes for the public and Judicial Branch employees to raise complaints about court processes, court staff and judges; advances objectives to accomplish Administrative Offices of the Courts and judiciary-wide goals and objectives. Open until filled.
Associate Justice. Window Rock, AZ. Under administrative direction of the Chief Justice, performs work of unusual difficulty, hears arguments, reads briefs and conducts research necessary to pass judgment and issue rulings on cases brought before the Navajo Nation Supreme Court; may serve as acting Chief Justice; performs related duties as assigned. Open until filled.
Judicial Hearing Officer. Window Rock, AZ AND Shiprock, NM. Under the administrative supervision of the Chief Justice or his/her designee, this position exercises authority to preside over hearings and dispositions involving the Domestic Abuse Protection Act and Alchinni Bi Beehazannii Act occurring within the respective jurisdictions of the District Courts of the Navajo Nation; performs related work as assigned. Open until filled.
Staff Attorney. Aneth, UT AND Chinle, AZ AND Kayenta, AZ. Under general direction of the Judges of the assigned district, performs work of considerable difficulty in providing complex legal advice and guidance; conducts legal research and drafts legal documents in support of the judges, court solicitor and court administrators; undertakes special projects for the Judicial Branch; performs related duties as assigned. Open until filled.
District Court Judges. Navajo Nation Wide. Under administrative direction of the Chief Justice, performs work of unusual difficulty in presiding over civil, criminal and family court cases; provides policy direction and guidance in the operation of Judicial Districts; performs related duties as assigned. Open until filled.
Traditional Program Specialist. Crownpoint, NM AND Kayenta, AZ. Provide administrative support, recruit, orientate, train and mentor peacemakers; Recommend and guide individuals and families with follow-up services; Provide guidance in traditional Navajo healing approaches incorporating both Western, faith-based and Navajo traditional philosophies; Implement the Peacemaking Program’s traditional curriculum to provide services to youth, adults, families to restore harmony; Attend trainings and conferences pursuant to established training plans; Randomly monitor and promote the effectiveness and efficiency of peacemakers; Assist with written agreements and narratives; Interview individuals to obtain and verify required case documents and other information; Performs intake process for individuals or as ordered by the court; Completes and/or serves notice of peacemaking sessions; Maintains case management of case files, implements, updates and distributes progress reports; Enters and retrieves case information using automated database or manual logs; Schedules peacemaking sessions and records events as they occur; Shall maintain confidentiality in regards to client information and records at all times. Provide complex traditional cultural knowledge and teaching of fundamental law. Open until filled.
Environmental Law Institute
Director – Climate Judiciary Project. Washington D.C. The Environmental Law Institute seeks a dynamic Director to lead its groundbreaking Climate Judiciary Project to educate judges on the science and impacts of climate change. The Project enjoys widespread support of judges throughout the nation as well as the scientific, legal-scholarly, and philanthropic communities. Application Deadline: 4/24/23.
Pueblo of Laguna
In-House Attorney. Laguna, NM. Full-time attorney to provide legal advice, draft codes and policies, and protect government interests performing general counsel legal work. One of three In-house attorneys and works with Pueblo officials and management under supervision of Government Affairs Director. Mostly transactional with some litigation. Compensation DOE, open until filled.
Public Defender. Laguna, NM. Full-time attorney to represent and advocate for adults in criminal cases and juveniles in delinquency cases before Laguna Pueblo Court when accused of violating Pueblo of Laguna law. Advocates for Pueblo community members to achieve justice and rehabilitation. One of two legal positions in Community Legal Services division and shares full-time assistant the Pueblo’s legal aid attorney, works under supervision of Government Affairs Director. Compensation DOE, open until filled.
Prosecutor. Laguna, NM. Full-time attorney to prosecute adult criminal defendants and juveniles in Laguna Pueblo Court for violating Laguna Pueblo law. Advocates for the Pueblo to achieve justice and rehabilitation. Works in office having a full-time assistant and victim’s advocate, and is under supervision of the Pueblo Governor. Compensation DOE, open until filled.
National Judicial College
Director. Reno, NV. The National Judicial College is seeking a collaborative and experienced leader to fulfill the position of Director of the National Tribal Judicial Center (NTJC). Under the direct supervision of the Chief Academic Officer, the Director of the NTJC is responsible for managing the education offerings and initiatives of the NTJC. This position is responsible for ensuring that the financial goals for which you have direct oversight, as enumerated in the annual budget and approved by the board, are met each year. Open until filled.
Secretary Indian Water Rights Office
Program Analyst. Washington, D.C. This position serves in the Secretary’s Indian Water Rights Office, Department of the Interior. Responsibilities include: providing liaison services to water rights settlement implementation and negotiation teams nation-wide; briefing policy-level leaders within the Department; facilitating meetings focused on negotiations with various parties to settlements including Tribes, States, and other governmental and non-governmental organizations; conducting research and analyses on issues related to Indian water right and related legal and policy matters; and other duties as more fully described in the job posting. This is a unique opportunity to work exclusively on water rights settlements nation-wide. Law school graduates with a strong interest in water rights settlements are encouraged to apply. The application for this position is open until April 6, 2023.
Puyallup Tribe of Indians
Assistant Prosecutor/Presenting Officer. Tacoma, WA. Responsible for planning, organizing, and directing assigned activities of the Prosecutor’s Office and serves as the Assistant Prosecutor/Presenting Officer for the Tribe. Closing Date: April 7, 2023.
Chief of Police. Neah Bay, WA. The Chief of Police is responsible for the direction of all operations of Neah Bay Public Safety. The Chief of Police will lead, plan, organize and direct the overall activities of Neah Bay Public Safety; and establish departmental goals and objectives while delivering efficient and effective public safety services to the community. Overall, responsible for the efficient and effective management of patrol, enforcement, investigation, adult probation, emergency medical services, fire protection and emergency management for optimum service to the Makah Tribe. Closing date: April 14, 2023.
Mashantucket Pequot Tribal Court
Judicial Clerk (2023 to end of July 2024). Mashantucket, CT. The ideal candidate is a law school student on target to obtain their J.D. before the opening date. Bar membership is not required for this clerkship. Duties include attendance at court proceedings, research and analysis of legal issues, drafting of orders and memoranda of decision, and other projects as assigned by the Judges. Deadline to apply is March 31, 2023 at 4:00 p.m.
Pokagon Band of Potawatomi Indians
RFP – Travel Agency Services. Dowagiac, MI. The Pokagon Band of Potawatomi Indians is interested in securing the highest quality of corporate travel services through an intuitive and advanced travel booking and management software platform to assist it with maximizing service convince for its travelers, while minimizing travel cost and accurately tracking its travel expenditure patterns. To this end, the Pokagon Band is requesting proposals from travel agencies that can demonstrate knowledge of Federal travel regulations; be able to charge costs to multiple internal departments; and generate invoices and reports outlining costs by category. Furthermore, the Pokagon Band is seeking a travel agency that will honestly put forth its best effort in resolving any travel-related problems or emergencies that may arise while traveling, and an agency that can demonstrate the achievement of cost savings for clients in comparable size and complexity. Open until filled.
Fredrikson & Byron
Real Estate Staff Attorney. Minneapolis, MN. Fredrikson is seeking a staff attorney with wide-ranging transactional real estate experience to join our Real Estate Department. The staff attorney role is intended for an individual with outstanding legal skills who is seeking more predictable working hours and a role without client-marketing or new business generation expectations. The ideal candidate will have related experience including: preparing lease documents and documents for purchase and sale transactions; reviewing title and survey for sale and purchase transactions and for financing transactions; preparing documents to cure title defects; closing real estate sale and purchase and financing transactions; interfacing and negotiating with clients, other attorneys, and title companies; drafting conveyance and other standard real estate documents, such as easements; and managing due diligence for sale and purchase, finance, and lease transactions; preparing mechanic’s lien statements; and managing various types of Torrens proceedings. We are seeking professional individuals with at least five years of real estate legal experience. Outstanding candidates with less experience will be considered. Open until filled.
Indian Law Resource Center
Development Director. Helena MT. The Indian Law Resource Center, an American Indian non-profit organization providing legal assistance to indigenous peoples in the United States and throughout the Americas, is seeking a Development Director with at least six years of experience to develop and carry out our annual fundraising strategy; write, submit and track grant applications and reports; and manage relationships with individual, foundation and government funders, prospects and Center project directors. Open until filled.
New Mexico Legal Aid, Inc
Managing Attorney – Native American Program. Santa Ana Pueblo, NM. For this position, the Managing Attorney is responsible for overseeing the Native American Program including: The provisions of legal services. Supervising staff attorneys, paralegals, and other staff and volunteers. Performing administrative duties, and working in close collaboration with other members of NMLA’s management team. Organizing and participating in community education and outreach activities to the various Pueblo communities. Collaborating with tribal agencies and organizations. Being active in local bar and community activities. March 31, 2023 or until filled.
Attorney – Child Support. Tulalip, WA. Drafts and reviews various legal pleadings, motions, documents and correspondence necessary to litigate child support cases and meet all applicable time frames and deadlines. Represents the Tulalip Tribes in civil proceedings regarding the Tulalip Child Support Program. Provides legal advice and support to Tulalip Child Support Program staff members. Reviews child support recommendations and worksheets prepared by the Tulalip Child Support Program. Works cooperatively with Tulalip Child Support Program to ensure timely flow of cases. Drafts and revises Tribal Codes, procedures, templates, and forms. Conducts legal research concerning Tribal, Federal, and State Law. Participates in planning, legal advice and strategy sessions with the Board of Directors and government departments. Open until filled.
Click here for last week’s job announcements!
Tenth Circuit Oral Argument Audio in Hooper v. City of Tulsa
D.C. Circuit Issues CARES Act Opinion in Shawnee v. Yellen, or is it Miccosukee v. Yellen or Prairie Band Potawatomi v. Yellen?
Here is the opinion in Prairie Band Potawatomi Nation v. Yellen. Long story short, Shawnee settled (I think) so they’re out, Miccosukee is out because their challenge is moot, and Prairie Band gets a remand ‘cuz the gummint’s got some ‘splaining to do. No zhoonya for tribal interests here, though the billables keep coming.
Lower court materials here (I think).
The Work of Sovereignty Symposium — March 30 – April 1
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