Michael Rusco on Castro-Huerta

Matthew L.M. Fletcher

Michael D. O. Rusco has posted “Oklahoma v. Castro-Huerta, Jurisdictional Overlap, Competitive Sovereign Erosion, and The Fundamental Freedom of Native Nations,” recently published in the Marquette Law Review, on SSRN.

Here is the abstract:

In addition to its stunning internal flaws, the United States Supreme Court’s opinion in Oklahoma v. Castro-Huerta exemplifies Indian law’s broader flaws as a jurisprudence. Castro-Huerta holds that states have concurrent criminal jurisdiction with federal and tribal governments over crimes by non-Indians against Indians on reservation lands. Justice Gorsuch deftly addresses many of the glaring internal flaws in Kavanaugh’s majority opinion, but not all. He does not dissect the hollow assertion that reservations are part of the surrounding state both geographically and politically. This cannot go unaddressed, particularly given its weak analysis, misguided use of precedent, and broader consequences.

Castro-Huerta’s holding affects the precise kind of “jurisdictional overlap” at the root of the slow erosion of tribal sovereignty over time, as first explained in a prior article. The Founders believed two governments generally cannot co-exist, i.e. overlap. They had a firm idea of what happens when jurisdictional overlap occurs: one government slowly subsumes the other over time until nothing meaningful is left, here labeled “competitive sovereign erosion.” The Founding Fathers believed this proposition so much and feared it so deeply that it played a central role in how the Constitution was written, specifically the categorical division of authority between the federal and state governments. Tribal sovereignty will continue to be vulnerable to competitive sovereign erosion until a solution is reached that results in either a respect for tribal borders, or a qualitative division of governmental authority between tribal governments, the federal government, and the states. Anything less will continue the long-term war of sovereign attrition historically experienced by tribes.

Analyzing Indian law as a competitive sovereign erosion problem of the sort contemplated by the Framers and discussing it in terms of United States federalism has additional jurisprudential and advocacy advantages. Doing so disconnects Indian law from the tortured logic exemplified by Castro used to reach anti-Indian results, and reconnects it to the intuitively fair, commonly accepted, and historically effective answers used when White cultures have had the same kinds of problems. From an advocacy perspective, competitive erosion adopts a conceptual framework and lexicon that resonates with conservatives commonly opposed to tribal sovereignty. Using competitive erosion can present tribal sovereignty in a way that persuadable conservatives can embrace.

Tribes wanting to maintain their separate existence need to overturn the assertion that reservations are part of the state, oppose practices that give the appearance of being part of state government, and push congress for legislation that will eliminate jurisdictional overlap between tribes, states, and the federal government.

Virginia Federal Court Dismisses Suit over Monacan Intra-Tribal Political Dispute

Matthew L.M. Fletcher

Here are the materials in Brooks v. Burnham (W.D. Va.):

19 Amended Complaint.pdfDownload
26 Motion to Dismiss.pdfDownload
30 Opposition.pdfDownload
31 Reply.pdfDownload
49 Defendants Supplemental Brief.pdfDownload
51 Response to 49.pdfDownload
84 DCT Order.pdfDownload
Tchochke

No Brackeen Today/Observations on Foster Parent Intervention

Kate Fort

Next opinion day is June 8.

While we wait for Brackeen, I wanted to highlight this story from Colorado, where the Office of Respondent Parents’ Counsel has been doing great work on ICWA cases. In this case, they have collected incredibly useful data on what happens to a child protection case when foster parents intervene. This article is not ICWA specific, but the last two cases the MSU Indian Law Clinic has had on appeal are a direct result of the attempt at foster parents to intervene. In both cases, the court and agency agreed with the tribes and followed ICWA. In both cases, the foster parents sought to intervene and appealed the case. As we look past Brackeen, addressing this issue of foster parent intervention generally is vital.

Article

According to data provided by the ORPC foster parent intervention has increased in Colorado in the past decade. In 2020, 10% of Dependency and Neglect cases had Intervenors. When foster parents intervene, the chance of reunification decreases from 62% to 22% for the birth parents.

emphasis added

According to the ORPC, the average Dependency and Neglect Case costs $3,500 to litigate, but when foster parents intervene the average court cost goes up to $7,500.

New Student Scholarship on Man Camps and Indian Country

Matthew L.M. Fletcher

Justin E. Brooks has published “Two Countries in Crisis: Man Camps and the Nightmare of Non- Indigenous Criminal Jurisdiction in the United States and Canada” in the Vanderbilt Journal of Transnational Law. Here is the abstract:

Thousands of Indigenous women and girls have gone missing or have been found murdered across the United States and Canada; these disappearances and killings are so frequent and widespread that they have become known as the Missing and Murdered Indigenous Women Crisis (MMIW Crisis). Indigenous communities in both countries often lack the jurisdiction to prosecute violent crimes committed by non-Indigenous offenders against Indigenous victims on Indigenous land. Extractive industries—businesses that establish natural resource extraction projects—aggravate the problem by establishing temporary housing for large numbers of non-Indigenous, primarily male workers on or around Indigenous land (“man camps”). Violent crimes against Indigenous communities around extractive industry projects have in- creased with the establishment of man camps while the current legal systems leave Indigenous communities vulnerable against this clear threat. Both the United States and Canada have endorsed international declarations of Indigenous rights, agreeing to protect Indigenous communities from violence, yet the MMIW Crisis in both countries con- tinues. This Note first argues that both the United States and Canada can best further their commitments to international Indigenous rights while also combatting the MMIW Crisis by allowing Indigenous communities to exercise full criminal jurisdiction over non-Indigenous assailants of Indigenous victims on Indigenous lands. This Note then argues that, until full criminal jurisdiction over non-Indigenous offenders is realized, the United States and Canada can help further Indigenous international rights by providing extractive industries with financial incentives to address their role in enabling the MMIW Crisis.

Tenth Circuit Rejects Habeas Petition from Prisoner Asserting McGirt-Type Claims

Matthew L.M. Fletcher

Here is the opinion in McGill v. Rankin.

Available brief here:

McGill Brief.PDFDownload

We don’t post many of these post-McGirt prisoner cases, but this is exemplary of the numerous rejected habeas petitions filed by prisoners claiming to be Indian and convicted of crimes inside of Indian country. This person was convicted of a crime in 2001. This was his fifth habeas petition, filed in 2023, and the first raising McGirt-related claims. This footnote is as close as these late habeas petitioners get to relief:

We note that another Oklahoma prisoner also successfully made the same argument as Mr. McGirt, which the Supreme Court recognized in its decision. See McGirt, 140 S. Ct. at 2460 (“While Oklahoma state courts have rejected any suggestion that the lands in question remain a reservation, the Tenth Circuit has reached the opposite conclusion.” (citing Murphy v. Royal, 875 F.3d 896, 907-09, 966 (10th Cir. 2017)). In Murphy, we issued a writ of habeas corpus after agreeing with the petitioner that he should not have been tried in state court but instead “should have been tried in federal court because he is an Indian and the offense occurred in Indian country.” 875 F.3d at 903.

It’s not much, eh? Remember Oklahoma in 2017-18?

Oklahoma’s cert petition in Royal v. Murphy (later Sharp v. Murphy).

Maybe yes (maybe?) on the pending prosecutions, but not so much the existing convictions, eh? Hmmmm.

American Indian Law Review, Vol. 47, No. 1

Matthew L.M. Fletcher

Here:

Current Issue: Volume 47, Number 1 (2023)

PDF

Front Pages

Comments

PDF

The Impact of Climate Change on the Cultural Identity of Indigenous Peoples and the Nation’s First “Climate Refugees”
Jordan K. Medaris

PDF

Indigenous Boarding Schools in the United States and Canada: Potential Issues and Opportunities for Redress as the United States Government Initiates Formal Investigation
Keiteyana I. Parks

Notes

PDF

State ex rel. Matloff v. Wallace: Reversing Course on Subject Matter Jurisdiction
Andrew Case

PDF

Cooley’s Hidden Ramifications: Has the Supreme Court Extended the Terry Doctrine for Automobile Searches to the Point of Eliminating Probable Cause?
Thomas G. Hamilton

Special Features

PDF

“The Center Cannot Hold”: Nation and Narration in American Indian Law
Chantelle van Wiltenburg

PDF

Winner, Best Appellate Brief in the 2022 Native American Law Student Association Moot Court Competition
Daniel Ahrens and Case Nieboer

Ninth Circuit Briefs in Constitutional Challenge to MCA as Unjustified Racial Classification

Matthew L.M. Fletcher

Here are the briefs in United States v. Gordon:

Gordon Opening Brief.pdfDownload

Ok, so there’s only that brief so far. Also, since the defendant stipulated to tribal membership with Nez Perce, I doubt this has legs, but it’s the kind of full-throated attack on the Indian status cases arising under the Indian country criminal jurisdiction statutes that we should expect more regularly — i.e., the kind that relies a LOT on single-authored concurrences and dissents from a certain SCT Justice that tends to rely on discredited historical research.

Here’s the lower court judgment (nothing terribly helpful here since the defendant stipulated to tribal membership):

DCT Docket No. 85 — Judgment.pdfDownload
Miigwetch, Onion people!

John LaVelle on Castro-Huerta

Matthew L.M. Fletcher

John P. LaVelle has published Surviving Castro-Huerta: The Historical Perseverance of the Basic Policy of Worcester v. Georgia Protecting Tribal Autonomy, Notwithstanding One Supreme Court Opinion’s Errant Narrative to the Contrary in the Mercer Law Review.

Here is the abstract:

Oklahoma v. Castro‑Huerta is an unprecedented attack on the autonomy of Native American nations in the United States. The Supreme Court held that Oklahoma had jurisdiction over a crime committed by a non‑Indian perpetrator against an Indian victim within the Cherokee Reservation’s boundaries. The decision posits that states presumptively have jurisdiction, concurrent with the federal government, over crimes by non‑Indians against Indians in Indian country. But this proposition is at war with a bedrock principle of Indian law, namely, that reservations are essentially “free from state jurisdiction and control,” a policy that “is deeply rooted in the Nation’s history.” That principle has stood the test of time, with the high court itself guarding tribes’ autonomy and sovereignty in celebrated Indian law cases dating to the nation’s founding.

Castro‑Huerta drastically extends the reach of state authority into Indian country, and it does so by imposing a dubious, revisionist retelling of the history of U.S.‑tribal relations. The false narrative forged by the majority reflects an extremist “states’‑rights” ideology aggressively projected onto the field of Indian law, threatening to “wip[e] away centuries of tradition and practice” by uprooting a core historical principle protective of Indigenous rights. The decision provoked an immediate U.S. governmental response, with a House subcommittee holding hearings and the Justice and Interior Departments conducting listening sessions in September 2022 to begin assessing the case’s dire implications. Scholarly criticism already is underway as well and likely will proliferate and intensify. With so much at stake for the preservation of tribal sovereignty and the future of federal Indian law, unmasking and deconstructing the decision will remain a pressing project for years to come.

This Article contributes to the project by examining the long line of historical Supreme Court precedents addressing state authority in Indian country to discern and explain their true significance. In addition, the Article casts light on a few important issues in Castro‑Huerta from a unique source: the papers of individual Justices archived at the Library of Congress and various universities across the country. A point of departure is Justice Neil Gorsuch’s dissenting opinion in the case, a searing critique that delves incisively into many of the relevant precedents, exposing numerous flaws and fallacies in the majority’s analysis and laying the groundwork for additional commentary and criticism. Anchored in that foundation of principled critical assessment, this Article endeavors to help fill in some of the serious gaps and omissions in the majority’s treatment of state authority in Indian country while periodically referencing the “Indian Law Justice Files” to further illuminate the case’s alarming distortions of history and precedent.

Jaune Smith

Friday Job Announcements

Arianna Morseau

To post an open Indian law or leadership job to Turtle Talk, send all of the following information to indigenous@law.msu.edu

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

Kickapoo Traditional Tribe of Texas

Prosecutor. Remote. The Prosecutor Represent the Tribe in prosecution of adults and juveniles committing criminal acts within Tribal jurisdiction. Open until filled.

Gila River Indian Community

General Counsel. Sacaton, AZ. Under the administrative direction of the Community Council, the General Counsel serves as the chief legal officer of the Gila River Indian Community (GRIC or Community), including all Community departments, programs, enterprises and other entities. The General Counsel is responsible for protecting and enhancing the sovereignty of the Community and protecting its interests in various forums, including representing the Community in litigation. The General Counsel supervises the Office of General Counsel and administers and oversees legal services for the Community. Closing Date: July 7, 2023.

Washington State Department of Revenue

Compact Negotiation and Tribal Legal Affairs Coordinator. Tumwater, WA. As a part of this team, your focus is on tribal legal issues and all current and future compacting within the department’s purview. As the Compact Negotiation and Tribal Legal Affairs Coordinator (TPS4), you will provide legal advice, legal analysis, policy recommendations, and other support. Additionally, your expertise is needed on politically sensitive state and national issues having significant impact on the agency, the Tribes, and the State. This position will also serve as a key member of the Department’s compact negotiation team and may assist in dispute resolution with tribes. Closing: July 12, 2023.

Federal Reserve Bank of Minneapolis

Assistant Vice President and Assistant General Counsel. Minneapolis, MN (Hybrid). This leadership position provides day-to-day management of the Bank’s Legal Division, including staff attorneys and an administrative analyst. In this role you will report to the Deputy General Counsel and work closely with the Deputy General Counsel and General Counsel on general leadership of the Legal Division, including project management and strategic planning.  You will also advise and work with Bank management, including senior management, and have regular interaction with attorneys and leaders from other Federal Reserve Banks and the Board of Governors of the Federal Reserve System. Open until filled.

Office of Native Affairs and Policy

Attorney Advisor. Washington, D.C. Serves as a senior attorney advisor to the Chief and Deputy Chief, on all policy matters.  Provides expertise on Tribal issues and ensures that the Commission’s telecommunications regulatory policies with respect to federally-recognized American Indian Tribes, Alaska Native Villages, Hawaiian Home Lands, and other Native Communities are implemented and met. Provides expert advice to the Office Chief on legal issues affecting broad policy matters; and evaluates current and potential policy issues; and initiates original research and investigation analysis. More duties as assigned. Closing date: 06/08/2023.

Policy Advisor. Washington, D.C. The incumbent provides expert advice and assistance to the Office Chief, ONAP staff and Bureau management on the strategies, policies, and programs covering Federal-Tribal government-to-government affairs and policy development, consultations and coordination with federally recognized Tribal governments and with other Native organizations and outreach to Tribal governments and organizations.  The incumbent represents the Bureau and the Commission at meetings and outside events, and initiates and coordinates outreach events for the Chairman, Bureau/Office Chiefs and other Commission officials. Incumbent provides expertise to the ONAP Chief and Deputy Office Chief, and Bureau personnel  on Tribal Nations  programs,  planning, policy development, and program evaluation. Makes recommendations, as it pertains to the accomplishment of program goals  and objectives. Develops trainings and informational materials on Tribal consultation processes and Native Community issues and topics to FCC staff and officials. Closing date: 06/08/2023.

The Hopi Tribe

Deputy General Counsel. Kykotsmovi AZ. This is a tribal inhouse counsel position for the Hopi Tribe.  The position processes requests for legal review by the Tribal Council and the Tribe’s Officers, Departments and Programs.  These requests can range from contract review to answering and analyzing complex questions of law dealing with natural resources to human resources.  Closing Date – Open until filled

Deputy Tribal Prosecutor. Kykotsmovi AZ. The Deputy is responsible for the prosecution of violations of the Hopi tribal code and pursues dependency matters pursuant to the Hopi Children’s’ Code.  .  This position works (and coordinates) with Hopi and BIA law enforcement, the FBI and US attorney’s office.  The position also works with the Tribal Council in reviewing the Code and law enforcement matters on the Hopi Reservation.  Importantly, the position prosecutes cases before the Hopi Tribal Courts. Closing Date – Open until filled.

Rothstein Donatelli

Associate Attorney – Civil Rights. Albuquerque, NM. The Firm is looking for a New Mexico licensed attorney with at least 2 years or more of litigation experience.  The candidate should possess a demonstrated commitment to the welfare of individual clients and maintain the highest quality of legal practice, especially legal research and writing skills.  The ideal candidate will have experience litigating civil rights cases and/or representing survivors of sexual abuse.   The associate must be skilled in managing complex litigation and providing staff direction. Open until filled.

Trident Partners, LLC

Tribal Prosecutor. Central Utah. Responsibilities include representing tribal members in a variety of matters including, prepare and file legal documents related to prosecution, review and analyze evidence to determine the validity of the prosecution, negotiate settlements, implementation of strategies to ensure a successful prosecution. Open until filled.

Tulalip Tribes

Senior Managing Attorney. Tulalip, WA. Provide legal advice and services to the Board of Directors and Tribal Departments, enterprises and agencies on legal issues and matters. Monitor legal developments in state and federal courts that may impact tribal sovereignty and operations. Draft, review and negotiate contracts on behalf of the Tribes, its agencies and enterprises. Amend and draft Tribal law and policy. Supervise and coordinate the work of the Reservation Attorneys and/or other attorneys or personnel as directed by the Board of Directors. Other related job duties as assigned. Closing date: December 17, 2023.

Lower Elwha Klallam

Tribal Deputy Prosecutor. Port Angeles, WA. Under the direction and supervision of the Tribal Prosecutor, the Deputy Tribal Prosecutor works with the Tribal Police Department, the Indian Child Welfare Program, the Probation Office, the Tribal Natural Resources Department, other tribal departments, and the Tribal Business Committee to assess tribal interests and provide vigorous and effective prosecution of crimes, juvenile delinquency and status offenses, child abuse and neglect, elder abuse and neglect, fish and wildlife offenses, civil exclusion matters, traffic offenses, and other appropriate civil offenses occurring within tribal jurisdiction. The Deputy Prosecutor also provides legal support to the Tribal Police Department, Indian Child Welfare Program, Probation, Domestic Violence Program, and other tribal agencies in submitting and supporting their cases in Tribal Court and Healing Court. The Deputy Prosecutor will also work with the Office of Tribal Attorney to provide strategic planning support and assistance on tribal justice and victimization issues. Closing Date: Open until filled.

Tribal Defense Attorney. Port Angeles, WA. In order to facilitate due process, the Lower Elwha Klallam Tribe employs the Tribal Defense Attorney to represent defendants/respondents in proceedings initiated by the Tribe in the Lower Elwha Tribal Court. The Tribal Defense attorney is responsible for representing defendants in adult criminal cases, youth in delinquency and status offense cases, parents or other legal custodians in child dependency cases, and Elwha Tribal members in contested traffic, housing, and civil regulatory cases. Closing Date: Open until filled.

Legal Secretary. Port Angeles, WA. Working under the direct supervision of the Office of the Tribal Attorney (OTA), the Legal Secretary serves as the administrative assistant in the OTA and is responsible for case load management, drafting correspondence, scheduling, and a variety of support duties. The Legal Secretary is expected to perform all responsibilities with a commitment to providing superior service to the OTA and the Tribe. With the direction and support of the OTA, the Legal Secretary shares in the OTA’s duties of confidentiality to the tribal client. Closing Date: Open until filled.

Realty Paralegal. Port Angeles, WA. Working under the direct supervision of the Office of Tribal Attorney (OTA), the Realty Paralegal reviews contracts, researches law, investigates facts, and prepares documents and presentations to assist the attorneys with substantive and procedural matters. The Realty Paralegal assists tribal members with land assignment and residential lease applications, and prepares tribal documentation for approval and recording of the same. The Realty Paralegal tracks easements, service agreements, and utility and roadway rights-of-way served by the Tribe’s Public Works Department and prepares tribal documentation for approval and recording of the same. The Realty paralegal shares administrative support duties for the OTA. The Realty Paralegal is expected to perform all responsibilities with a commitment to providing superior service to the OTA and the Tribe. With the direction and support of the OTA, the Realty Paralegal shares in the OTA’s duties of confidentiality to the tribal client. Closing Date: Open until filled.

Western Environmental Law Center

Staff Attorney – Wildlands and Wildlife Program. Eugene, OR; Portland, OR; Seattle, WA; or remote in the Pacific Northwest. The central focus of this position is strategic, legal, and policy advocacy centered on the public lands, wildlife, and communities of the Western U.S. with a primary focus on the Pacific Northwest. Responsibilities include supporting WELC efforts to build power and alignment with people and communities of diverse lived experience in the Pacific Northwest, in particular Tribal and Indigenous communities. Closing date: Review of applications will begin on June 5, 2023 and continue on a rolling basis until the position is filled.

Lummi Indian Business Council

Staff Attorney III – Senior Prosecutor. Bellingham, WA. The Staff Attorney III – Senior Prosecutor (hereafter “Prosecutor”) works within the Prosecutor’s Office for the Lummi Nation on a broad range of issues concerning or affecting tribal sovereignty, self-governance, and the exercise of tribal jurisdiction over criminal violations, civil infractions, and exclusion matters.  The Prosecutor works cooperatively within the Lummi Nation’s Judicial System to assure effective and judicious representation of the Lummi Nation before tribal, local, state, and federal courts. Job performance of the Prosecutor is evaluated by the Legal Director. Open until filled.

First Peoples Worldwide.

Social Justice Research Fellow. Remote anywhere in the United States. The Social Justice Research Fellow supports First Peoples’ mission by working alongside staff to address real-time issues that arise in multiple contexts where First Peoples’ work extends across sectors including law, business, and sustainable finance. The Fellow’s role is to provide innovative research and analysis, and to support ongoing projects that enhance corporate accountability to the rights of Indigenous Peoples. Apply via link below by 6/11/23.

Environmental Law Institute

 Law Clerk Fall 2023. Washington D.C. Assist specifically with our Advancing Tribal Sovereignty and Community Health in California project. Closing Date: June 12, 2023 at 11:59 PM EDT.

Association on American Indian Affairs

Program Director. Nationwide / Virtual Employment Opportunity. This position is a key employee (exempt) position overseen by the Chief Executive. The Program Director shall be responsible to lead and facilitate the organization’s programmatic activities including, but not limited to: Cultural Sovereignty, Next Generations, and Building Allyship. This is an outstanding opportunity for a highly motivated professional to assume a pivotal role in the evolution of a highly respected 100-year old organization.

Program Specialist – Cultural Sovereignty. Nationwide / Virtual Employment Opportunity This position is a key employee (exempt) position overseen by the Chief Executive or the Program Director. The Program Specialist for Cultural Sovereignty Programs shall be responsible to facilitate the organization’s programmatic activities within its Cultural Sovereignty Program, which includes but is not limited to: Repatriation, NAGPRA, International Repatriation, Rematriation; and Sacred Places and Sacred Relationships. In addition, the Specialist for Cultural Sovereignty will support the Building Allyship Program, which supports public education of the Specialist’s initiatives. This is an outstanding opportunity for a highly motivated professional to assume a pivotal role in the evolution of a highly respected 100-year old organization.

Program Specialist – Next Generation. Nationwide / Virtual Employment Opportunity. This position is a key employee (exempt) position overseen by the Chief Executive or the Program Director. The Program Specialist for Next Generation Programs shall be responsible to facilitate the organization’s programmatic activities within its Next Generation Program, which includes but is not limited to: Indian Child Welfare Act, Youth Justice, Adoption Investigation, Improving child and family outcomes, Native Youth Summer Camps. In addition, the Specialist for the Next Generation will support the Building Allyship Program, which supports public education of the Specialist’s initiatives. This is an outstanding opportunity for a highly motivated professional to assume a pivotal role in the evolution of a highly respected 100-year old organization. Open until filled.

New Mexico Legal Aid

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. Open until filled.

Navajo Nation Department of Justice, Office of the Attorney General

Principal Attorney (Water Right Unit). Window Rock, AZ.  Under general direction of the Assistant Attorney General or the Attorney General and Deputy Attorney General, professionally represents the Nation in multiple water rights adjudications pending in state and federal courts, in state administrative water rights matters and in any settlement negotiations concerning the Nation’s water rights. The Principal Attorney works closely with technical staff within the Water Rights Unit Staff, Department of Water Resources and other programs within the Navajo Nation, and with consultants retained to provide technical support to the Nation or to serve as expert witnesses. The Principal Attorney provides legal advice on all water rights matters to the Office of the President and Vice President, the Office of the Speaker, the Navajo Nation council, and its committees and subcommittees and the Navajo Nation Water Rights commission (NNWRC) to ensure that the water rights of the Navajo Nation are effectively pursued and protected.  This position is open until filled.

Attorney (Litigation Unit). Window Rock, AZ.  Legal work related to federal, Navajo Nation, and state court and administrative tribunal representation of the Navajo Nation Government, as assigned by the Assistant Attorney General of the Litigation Unit or the Office of the Attorney General, and Deputy Attorney General, including legal research, pleading drafting, and settlement negotiation for Litigation Unit of the Department of Justice. Review of proposed disciplinary actions by Navajo Nation government programs for compliance with Navajo Nation Personnel Policies Manual and Navajo Preference in Employment Act. Drafting of proposed Navajo Nation legislation, regulations, and policies. Other duties as assigned.  This position is open until filled.

Attorney (Human Services and Government Unit). Window Rock, AZ.  Under general direction of the Assistant Attorney General or the Attorney General and Deputy Attorney General, represents the Navajo Nation government in reviewing documents, such as services contracts, sub-recipient and grant agreements, legislation, proposed policies, etc., for legal sufficiency. Participates in negotiations regarding legal documents/agreements with parties outside of the Navajo Nation. Respond to Request for Services and other legal inquiries from clients. Perform legal research and provide legal advice verbally and in writing. Legal advice and services will include: conducting initial eligibility determination reviews on proposed FRF expenditure plans; interpreting federal, state, and Navajo laws, regulation, policies, and procedures; and advising on legal compliance in the implementation of FRF programs and projects. This position is open until filled.

Senior Attorney (Tax and Finance Unit). Window Rock, AZ.  Respond to Requests for Services and other legal inquiries from clients, particularly in the area of the American Rescue Plan Act (ARPA) and federal Fiscal Recovery Funds (FRF). Perform legal research and provide legal advice orally and in writing.  Legal advice and services will include: conducting initial eligibility determination reviews on proposed FRF expenditure plans; interpreting federal, state, and Navajo laws, regulations, policies, and procedures; as well as advising on legal compliance in the implementation of FRF programs and projects. Participate in Legislative Branch and Executive Branch meetings, including Standing Committee meetings and Council Sessions, regarding approval of FRF expenditure plans and the planning and implementation of FRF programs and projects, in order to respond to legal questions pertaining ARPA and the use of FRF.  This position is open until filled.

Principal Attorney (Human Services and Government Unit). Window Rock, AZ.  Under the general direction of the Assistant Attorney General, Attorney General or the Deputy Attorney General, the position is assigned to the “Humans Services & Government Unit” of the Office of the Attorney General; Provides legal direction to other attorneys and advocates in providing complex legal representation of Navajo Nation Divisions, Departments, and Programs regarding a wide range of legal issues, including the Divisions of Education, Health, Social Services, General Services, Human Resources, and Law Enforcement. Some legal issues may include statutory and regulatory review, contract disputes and procurement issues, and intergovernmental relations; performs professional legal work, research; presents cases in court and performs related duties as required; confers with, gives advice to and prepares opinions for various departments and branches of the Navajo Nation; drafts legal and judicial processes; prepares interpretations of new legislation and judicial decisions; reviews contracts, mortgages, leases, permits and related documents; conducts interviews on a variety of legal matters; conducts legal research, prepares briefs, pleadings and other legal documents. Advises clients and members of the various oversight committees of the Navajo Nation Council, as is required, on legal questions. Provides opinions on Navajo Nation law and policies and/or legislations/resolutions that may impact the Navajo Nation. Assist in routine operation of the Department of Justice. This position is open until filled.

Attorney (Human Services and Government Unit). Window Rock, AZ.  Under general direction of Assistant Attorney General or the Attorney General, and Deputy Attorney General, provides legal direction to Navajo Nation Division, Departments and Offices, regarding a wide range of legal issues, including statutory and regulatory authority, contract disputes and procurement issues; and intergovernmental relations; performs professional legal work in research, trial prep and other legal work; and performs related duties as required. Confers with, gives advice to, and prepares opinions for assigned departments and branches of the government; drafts legal and judicial processes; prepares interpretations of new legislation and judicial decisions; reviews contracts, leases, permits and related documents; interviews witnesses, complainants, and others on a variety of legal matters; conducts legal research, prepares briefs, pleadings and other legal documents. This position is open until filled.

Attorney (Natural Resources Unit/FRF). Window Rock, AZ. Under general direction of the Assistant Attorney General or the Attorney General and Deputy Attorney General. Review documents, such as services contracts, sub-recipient and grant agreements, legislation, proposed policies, etc., for legal sufficiency. Participate in negotiations regarding legal documents/agreements with parties outside of the Navajo Nation. Respond to Request for Services and other legal inquiries from clients. Perform legal research and provide legal advice verbally and in writing. Legal advice and services will include: conducting initial eligibility determination reviews on proposed FRF expenditure plans; interpreting federal, state, and Navajo laws, regulation, policies, and procedures; and advising on legal compliance in the implementation of FRF programs and projects. This position is open until filled.

Attorney, (Natural Resources Unit/FRF). Window Rock, AZ. Under general direction of the Assistant Attorney General or the Attorney General and Deputy Attorney General. Review documents, such as services contracts, sub-recipient and grant agreements, legislation, proposed policies, etc., for legal sufficiency. Participate in negotiations regarding legal documents/agreements with parties outside of the Navajo Nation. Respond to Request for Services and other legal inquiries from clients. Perform legal research and provide legal advice verbally and in writing. Legal advice and services will include: conducting initial eligibility determination reviews on proposed FRF expenditure plans; interpreting federal, state, and Navajo laws, regulation, policies, and procedures; and advising on legal compliance in the implementation of FRF programs and projects. This position is open until filled.

Attorney (Economic/Community Development Unit), Window Rock, AZ. Under the general direction of Attorney General Office and the direct supervision of the assigned Assistant Attorney General. The Attorney provides legal assistance to the Division of Economic Development, Division of Community Development, the Navajo Gaming Regulatory Office, and other entities of the Navajo Nation as needed. The Attorney represents the Navajo Nation on matters related to state and federal voting; and on matters related to the Navajo Nation’s gaming compacts. The Attorney will work on a wide range of legal issues including drafting and updating code and regulations; statutory and regulatory compliance; construction and professional service contracts; business site leases and business development; and intellectual property. The Attorney will represent the Navajo Nation before courts and administrative tribunals as needed. The Attorney will have other duties and responsibilities as assigned.  This position is open until filled.

Principal Attorney, (Natural Resources Unit) Window Rock, AZ. Legal work related to Federal, State and Navajo Nation courts and administrative tribunal representation of the Navajo Nation Government, as assigned by the Assistant Attorney General of the Natural Resources Unit or the Office of the (Attorney General Attorney General, Deputy Attorney General), including representation of the Division of Natural Resources and the Navajo Environmental Protection Agency regarding a wide range of environmental and natural resources legal issues, conduct legal research, interview witnesses, prepare briefs and pleadings. Confers with and provides legal direction to Navajo Nation Divisions, Departments, Navajo Nation Council and Committees regarding a wide range of legal issues, including statutory and regulatory compliance, interpretations of new legislation and judicial decisions, contract and procurements issues. Reviews contracts, leases, permits and other legal documents. Other duties as assigned. This position is open until filled.

Principal Attorney, (Tax & Finance Unit) Window Rock, AZ. Under the general direction of the Assistant Attorney General, Attorney General, and Deputy Attorney General, represents and advises, meets and confers with, and resolves legal issues for, the Navajo Nation Office of the Controller (OOC), Office of Management & Budget (OMB), Office of the Navajo Tax Commission (ONTC), Navajo Tax Commission (NTC), Department of Retirement Services (NDRS), Fiscal Recovery Funds Office (FRFO), Retirement Plan Administration Committee (RPAC), Budget and Finance Committee (BFC), Investment Committee (IC), and as required, to the Navajo Nation Council and Standing Committees, the Executive, Legislative and Judicial Branches, and Chapters regarding a wide range of legal issues. Attends meetings of, and analyzes pending legislation, drafts memoranda, and provides reports and legal advice for, the BFC, NTC, RPAC, IC and, as required, the Navajo Nation Council and Committees. Conducts legal research; drafts and reviews memoranda, legal opinions, contracts, legislation, finance transaction documents, reports, and other legal documents; advises clients on statutory and regulatory compliance, contract disputes, procurement issues, and other legal matters; assists to prepare and present cases in tribal, municipal, state, and federal courts; and performs related duties, as required. This position is open until filled.

Navajo Nation Office of the Prosecutor:

Prosecutor. Kayenta, AZ.  Represents the interest of the Navajo Nation in juvenile adjudications, dependencies, Children in Need of Supervision (CHNS); research and study of litigation of juvenile proceedings and child neglect cases including appellate cases, reviews police, social service, and related reports/complaints, and other law enforcement documents and reports; prepares oral arguments, gathers facts and data; determines if sufficient evidence exists to support the charges; attends juvenile related hearings in Navajo Nation Courts; conducts legal research; drafts complaints, motions and/or other legal proceedings; prepares a legal strategy; identifies and subpoenas witnesses, records and other information required to present the case, prepares legal memoranda, briefs, motions and other required documents for court presentation; performs extensive legal research. Makes decisions in sensitive case and seeks assistance as needed in the juvenile matter.  This position serves at the pleasure of the Chief Prosecutor.  This position is open until filled.

Senior Prosecutor. Crownpoint, NM. Represents the interest of the Navajo Nation in prosecuting individuals alleged to have violated provisions of the Navajo Nation Code and present major and complex litigation in District and Family Courts. Reviews citations, arrest sheets and other law enforcement documents and reports; interviews witnesses, gathers facts and data; determines if sufficient evidence exists to support the charges; conducts legal research; drafts complaints, motions and/or other legal proceedings; prepares a legal strategy; gathers and compiles evidence; identifies and subpoenas witnesses, records and other information required to present the case. Prepares and presents criminal and civil cases in the Navajo Nation and appellate courts; prepares legal memoranda, briefs, motions and other required documents for court presentation; collaborates with law enforcement agencies; and negotiates settlement with opposing parties. This position serves at the pleasure of the Chief Prosecutor.  This position is open until filled.

Prosecutor. Crownpoint, NM.  Represents the interest of the Navajo Nation in prosecuting individuals alleged to have violated provisions of the Navajo Nation Code; reviews citations, arrest sheets and other law enforcement documents and reports; interviews witnesses, gathers facts and data; determines if sufficient evidence exists to support the charges; conducts legal research; drafts complaints, motions and/or other legal proceedings; prepares a legal strategy; gathers and compiles evidence; identifies and subpoenas witnesses, records and other information required to present the case. Prepares and presents criminal and civil cases in the Navajo Nation and appellate courts; prepares legal memoranda, briefs, motions and other required documents for court presentation; performs extensive legal research.  This position serves at the pleasure of the Chief Prosecutor.  This position is open until filled.

Oklahoma SCT Briefs in Stroble v. Oklahoma Tax Commission

Matthew L.M. Fletcher

Here:

Yeah, I know, not a federal case.
Stroble Appeal + Lower Court Decision.pdfDownload
OTC Opening Brief.pdfDownload
Stroble Brief.pdfDownload
Creek Seminole Amicus Brief.pdfDownload
Cherokee Choctaw Chickasaw Amicus Brief.pdfDownload
Reply.pdfDownload