Author: Matthew L.M. Fletcher

Candidates Sought for Southern Ute Indian Tribe In-House Lawyer Training Program

Matthew L.M. Fletcher1 Comment

Maynes, Bradford, Shipps and Sheftel, LLP, a thirteen-lawyer, Preeminent A-V and BEST Tier 1 rated law firm headquartered in Durango, Colorado, is seeking an associate attorney  for a position in the firm’s “Southern Ute Indian Tribe In-House Lawyer Training Program.” For more than 40 years, the Maynes firm has served as general counsel for the Southern Ute Indian Tribe, a tribe that is recognized for its national role in Indian country. The program is designed to train lawyers for eventual placement in the Southern Ute Indian Tribe’s Legal Department, and a substantial portion of the training will be conducted in coordination with the Tribe’s Legal Department. The program includes exposure to, and training in, all aspects of Indian law, as well as supervised client contact. After the mentoring-training period, estimated to be two to three years, a successful trainee will be recommended to the Southern Ute Indian Tribal Council as an in-house attorney with the Tribe’s Legal Department. The position requires an Indian law background and membership in the Colorado Bar or ability to become licensed within eight months. Native American preference will be given for this unique employment opportunity. Salary and benefits are competitive relative to the Four Corners region. The deadline for applications is April 15, 2015; however, applications will be considered and interviews conducted on a rolling basis. Interested applicants should submit a letter of interest, resume, and writing sample to the following address, fax number, or e-mail address:

 

Maynes, Bradford, Shipps & Sheftel, LLP

Southern Ute Indian Tribe In-House Lawyer Training Program

P.O. Box 2717

Durango, CO  81302-2717

Fax:  (970)247-8827

trainingprogram@mbssllp.com

Federal Court Denies San Juan County’s Motion to Dismiss Navajo Nation’s Voting Rights Case

Matthew L.M. Fletcher3 Comments

Here are the materials in Navajo Nation v. San Juan County (D. Utah):

98 San Juan County Motion to Dismiss

99 Navajo Nation Motion for Partial Summary J — Fourth Claim

100 Navajo Nation Motion for Partial Summary J — Second and Third Claims

101 Navajo Nation Opposition to 98

104 San Juan County 56d Motion

105 San Juan County Reply re 98

166 Memorandum Decision and Order

An excerpt:

Having established subject-matter jurisdiction and the joinder of all necessary parties, the court finds that Navajo Nation has provided “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). It has thus satisfied the requirements of Rule 12(b)(6). Rule 12(c) further states that “[a]fter the pleadings are closed–but early enough not to delay trial–a party may move for judgment on the pleadings.” The court finds no basis on which San Juan County would be entitled to judgment on the merits on the basis of this briefing.

Mille Lacs Tribe Seeks Housing Attorney

Matthew L.M. Fletcher

Here is the job description:

Deputy Solicitor General Housing

Excerpt:

SUMMARY:

The Deputy Solicitor General – Housing assists the Solicitor General in litigating civil lawsuits, drafting of legal documents, providing advice for Tribal government Officials.  Practice other phases of law by performing the duties specified.

 

QUALIFICATIONS:

  • Graduate from an ABA accredited Law School.
  • Eligible to be licensed by the Mille Lacs Band of Ojibwe Bar.
  • Licensed to practice law in the State of Minnesota and eligible for license in Federal Court.
  • Experience in civil litigation with an emphasis on housing and real estate issues.
  • Thorough knowledge of property and real estate issues.
  • Minimum of two years responsible legal experience.
  • Extensive knowledge of Federal Indian Law.
  • Ability to work well with American Indians and non-Indian people.
  • Demonstrate ability to work well without close supervision and to assume immediate responsibility for a heavy caseload.
  • Unblemished background record.
  • Compliance with the Mille Lacs Band’s Drug & Alcohol Policy
  • Mille Lacs Band Member/American Indian Preference
  • A high degree of familiarity with Indian legal system and court system is vitally important in this position.
  • Must have a valid MN driver’s licenses and be insurable under the Mille Lacs Band Driver’s insurance policy.

 

DUTIES AND RESPONSIBILITIES:

  • Primary responsibility for Community Development and Housing Matters.
  • Reviews evidence in civil, criminal and other cases to formulate defense or to initiate legal action.
  • Conducts research, interviews clients, and witnesses and handles other details in preparation for trial.
  • Prepares legal briefs, develops strategy, arguments and testimony in preparation of cases.
  • Represents client in court, and before quasi-judicial or administrative agencies of Tribal, Federal or state governments.
  • Provides advice to Tribal Officials on policy issues.
  • Advises and drafts documents for Administration Policy Board, Chief Executive and Band Assembly as necessary.
  • Other duties as assigned.

Northern Arapaho Tribe Prevails against Fish & Wildlife Service/Eastern Shoshone Tribe over Eagle Permits in Accordance with Hobby Lobby

Matthew L.M. Fletcher1 Comment

Here is the opinion in Northern Arapaho Tribe v. Ashe (D. Wyo.):

93 DCT Order

An excerpt:

While the foregoing discussion is mired in legal nuance, at the end of the day, the federal government burdened one federally-recognized Indian tribe’s free exercise of religion based on the religious objection of another federally-recognized Indian tribe. Whether the First Amendment prevents the federal government from imposing the burden of law on one federally-recognized Indian tribe’s free exercise of religion for the benefit of another is a question of first impression, but it is clear that the First Amendment forbids such conduct—”The principle that government, in pursuit of legitimate interests, cannot in a selective manner impose burdens only on conduct motivated by religious belief is essential to the protection of the rights guaranteed by the Free Exercise Clause.” Church of the Lukumi Babalu Aye, 508 U.S. at 542. The Court finds that Defendants’ decision in its informal adjudication of Plaintiffs’ permit application violated the Free Exercise Clause of the First Amendment because the decision was not justified by a compelling governmental interest and was not narrowly tailored to advance the asserted interest.

The Court finds and that Defendants made an error of law when adjudicating Plaintiffs’ permit application and that Defendants’ error is capable of repetition, yet evading review. Therefore, this Court must set aside Defendants’ Permit Findings and Renewal Permit Findings, and remand to the U.S. Fish and Wildlife Service to reconsider those findings consistent with this Order. “When an administrative agency has made an error of law, the duty of the Court is to correct the error of law committed by that body, and, after doing so to remand the case to the [agency] so as to afford it the opportunity of examining the evidence and finding the facts as required by law.” Miami Tribe of Oklahoma v. United States, 656 F.3d 1129, 1138 (10th Cir. 2011).

Briefs:

79 NAT Motion for Summary J

85 Eastern Shoshone Supplement to Amicus Brief

87 FWS Motion for Summary J

89 NAT Opposition

90 NAT Reply

92 NAT Letter re Hobby Lobby

News coverage here.

Prior to Hobby Lobby, the court had not allowed the N. Arapaho Tribe to add an establishment clause claim, materials here.

A 2012 order on the merits — again, pre-Hobby Lobby — with materials is here.

Trouble Brewing at Warm Springs

Matthew L.M. Fletcher

Here is “Warm Springs Tribes Ask Federal Gov’t To Investigate Funds.”

Text of CARERS Act Bill

Matthew L.M. Fletcher

Here:

CARERS Act

Yurok Tribal Attorney Job Postings

Matthew L.M. Fletcher

The Yurok Tribe is seeking applicants for either the Attorney I or Attorney II position. Full job descriptions are below, or can be viewed at http://www.yuroktribe.org/departments/personnel/announcements.htm.

StaffAttorney_010

StaffAttorneyII2014 (1)

Ninth Circuit Affirms Dismissal of Challenge to Pala Disenrollments

Matthew L.M. Fletcher1 Comment

Here is the unpublished opinion in Allen v. Smith:

031.1 – Memorandum Disposition(83952089_1)

Excerpt:

This relief sought by the Appellants clearly operates against the Tribe. The
requested relief would prevent the Tribe from disenrolling the Appellants and
compel it to reinstate their membership and tribal benefits. Even the request for
compensatory and punitive damages (to be paid by the Appellees, not the Tribe)
would interfere with the Tribe’s public administration, because the monetary
damages are predicated on this court’s determination that the disenrollment of the Appellants was improper. Thus, we conclude that Appellants’ suit should be
construed as a suit against the Tribe itself.

Briefs and lower court materials here.

Eighth Circuit Holds Suit against South Dakota Police Officer for Shooting Indian Suspect in the Back May Proceed

Matthew L.M. Fletcher1 Comment

Here is the opinion in Capps v. Olson.

An excerpt:

Sheriff’s Deputy David Olson shot and killed Christopher Capps (Capps).
Capps’s parents, Jerry and Jaylene Capps, sued Deputy Olson for using excessive
force against their son in violation of 42 U.S.C. § 1983. Deputy Olson alleges Capps
was charging towards him with a weapon at the time of the shooting. Capps’s parents allege Deputy Olson shot Capps in the back when Capps was unarmed. Deputy
Olson moved for summary judgment based on qualified immunity. The district court1
denied Deputy Olson’s motion, holding that outstanding questions of fact precluded
a grant of qualified immunity. For the reasons stated below, we affirm.

  

Summer Internship at the Navajo Nation Department of Justice

Matthew L.M. Fletcher

Here:

The Navajo Nation Department of Justice Litigation and Employment Unit is looking to hire summer interns for Summer 2015. The Navajo Nation Department of Justice provides legal services to the different governmental entities of the Navajo Nation Government. The Litigation and Employment Unit represents the Nation’s interests in employment and labor cases as well as in other matters in which the interests of the Navajo Nation government are implicated. The Litigation and Employment Unit works to represent the Nation’s interest in tribal, state, and federal court and administrative tribunals. Interns would be primarily responsible for providing legal research on variety of Indian law issues, drafting memos, and working on legal pleading. If the opportunity arises interns will also be able to attend hearings in front of various tribunals. 

Requirements: A background and demonstrated interest in Indian law is required. Knowledge of Navajo tribal law is desired. Funding may be available for qualified applicants. 

To Apply: Please submit a cover letter, resume, and writing sample of no more than five pages to kbelzowski@nndoj.org. 

The Navajo Nation gives preference to eligible and qualified applicants in accordance with the Navajo Preference in Employment Act.