Matthew L.M. Fletcher

Standing Rock Sioux Tribal Court Seeking Associate Judge

October 5, 2015Matthew L.M. Fletcher

The Standing Rock Sioux Tribe requests applications for the position of ASSOCIATE CHIEF JUDGE of the Standing Rock Sioux Tribal Court. (PDF)

The Associate Chief Judge shall carry out the duties and obligations of the office in accordance with the provisions of the Tribal Constitution and the Standing Rock Tribal Code of Justice. Section 1-305 of the Code of Justice, available online at standingrock.org, outlines the duties of the Judges of the Standing Rock Sioux Tribal Court.

The terms of employment, as well as the compensation for this position, will be set forth in the negotiated agreement between the Associate Chief Judge and the Standing Rock Sioux Tribal Council. The Associate Chief Judge will be compensated on an hourly basis.

In order to serve as the Associate Chief Judge, candidates will need to meet the statutory requirements outlined in Section 1-301 of the Standing Rock Sioux Tribal Code of Justice, which provide the Associate Chief Judge must: (1) be at least 25 years of age; (2) of high moral character and integrity; (3) never have been convicted of a criminal offense, or a traffic offense, for which punishment of imprisonment was imposed; (4) not have been dishonorably discharged from the Armed Services; (5) be physically able to carry out the duties of the office and (6) possess a Juris Doctor from an ABA-accredited law school and be a member in good standing of the bar of any State or Federal court.

Applicants must submit a resume, three writing samples, and three references. Any offer of employment will be contingent upon Tribal, State, and Federal Criminal Background Checks.

Applications and inquiries regarding the Associate Chief Judge position may be directed or submitted to Ms. Dellis M. Agard, Court Administrator, Standing Rock Sioux Tribal Court, via regular mail at PO Box 363, Fort Yates, North Dakota , 58538, or via e-mail at dagard@

standingrock.org. Ms. Agard may be contacted, by telephone, at 701-854-7244.

The worksite for this position is located at the Standing Rock Sioux Tribal Court in Fort Yates, ND. The Sitting Bull College Transit provides transportation services, at a nominal cost, to and from Bismarck, ND, Mobridge, SD, McLaughlin, SD and Selfridge, ND, in coordination with the Tribal Work Day, which is from 8:00 a.m. to 4:30 p.m. (Central Time).

SCOTUS Order from Long Conference

October 5, 2015Matthew L.M. Fletcher3 Comments

Here.

The Supreme Court denied cert in Oklahoma v. Hobia, Wisconsin v. Ho-Chunk, Sac and Fox Nation v. Borough of Jim Thorpe, and Torres v. Santa Ynez Band of Chumash Indians.

The Court took no action on the Jensen v. EXC petition, perhaps because the Dollar General v. Mississippi Band of Choctaw Indians matter is pending and involves similar issues (tribal court jurisdiction over nonmembers).

Two New Indian Law Articles in the Federal Lawyer

October 5, 2015Matthew L.M. Fletcher

Here:

Tribes, Same-Sex Marriage, and Obergefell v. Hodges: Tweedy on Same Sex Marriage

Implementing VAWA 2013: Leonhard on Implementing VAWA

California Court of Appeals Briefs in Stand Up for California v. State of California

October 5, 2015November 30, 2015Matthew L.M. Fletcher

Here:

North Fork Rancheria Opening Brief

California Answer Brief

Stand Up for California Answer Brief

North Fork Reply

Legal Aid of Wyoming Job Postings

October 2, 2015October 2, 2015Matthew L.M. Fletcher2 Comments

Attorney/Tribal Advocate Job OpeningLegal Aid of Wyoming, Inc. in Lander is hiring a licensed attorney or Tribal Advocate. The candidate will assist in domestic violence legal issues. Applicant must be able to obtain a Shoshone and Arapahoe Tribal Court license. Position is full time $29,500 – $59,500/year with benefits including health, vision, 401K and match, paid holidays and vacation. EEOE.

Administrative Assistant Job Opening

Legal Aid of Wyoming, Inc. in Lander is hiring a part-time administrative assistant. Assistant will provide administrative support to the attorney/tribal advocate with general office duties including contacting clients, typing documents and filing, as well as provide transportation to clients as necessary. A company car is provided, and the successful applicant will be responsible for assuring timely maintenance of general upkeep of the vehicle. Applicant will be required to have a clean driver history record. Position is part-time with flexible hours at $10/hr. EEOE.

Please send resume, 3 references and cover letter to:
Legal Aid of Wyoming, Inc.
1813 Carey Avenue
Cheyenne, WY 82001
Fax: 307-432-0808
Email: RMacchia@lawyoming.org
Application deadline:
Open until filled

Pueblo of Pojoaque v. State of New Mexico TRO Materials (Gaming Dispute)

October 2, 2015Matthew L.M. Fletcher2 Comments

Here:

23 Pojoaque Motion for TRO

24-1 Pojoaque Supplemental Memorandum

28 New Mexico Opposition

Complaint here.

Federal Suit against Osage Wind LLC Fails

October 2, 2015Matthew L.M. Fletcher1 Comment

Here are the materials in United States v. Osage Wind LLC (N.D. Okla.):

24 US Motion for Partial Summary J

26 Osage Wind Motion for Summary J

30 US Reply

44 DCT Order

Complaint here.

The previous tribal suit against Osage Wind is here.

Quapaw Tribe Prevails in Series of Trust Breach Claims against US

October 2, 2015Matthew L.M. Fletcher

Here are the materials in Quapaw Tribe v. United States (Fed. Cl.):

83 Quapaw Motion for Partial Summary J

92 US Opposition

99 Quapaw Reply

119 DCT Order

An excerpt:

This case involves the claims of the Quapaw Indian Tribe of Oklahoma for breach of fiduciary duty and breach of trust obligations. On April 6, 2015, the Quapaw Tribe filed a motion for partial summary judgment on the following three grounds: (1) that the Government is liable for annual educational payments of $1,000 from 1932 to the present under the Treaty of 1833; (2) that the Government is liable for $31,680.80 in unauthorized disbursements from the Quapaw Tribe’s trust accounts, as found in the 1995 Tribal Trust Funds Reconciliation Project Report prepared by Arthur Andersen LLP; and (3) that the Government is liable for $70,330.71 in transactions that should have been credited to the Quapaw Tribe’s trust accounts but were not, as reported in the 2010 Quapaw Analysis.