Author: Matthew L.M. Fletcher

DOJ Office of Tribal Justice Job Posting

Matthew L.M. Fletcher

Office of Tribal Justice (OTJ)
Office of Tribal Justice
Attorney
Washington, DC 20530
United States
OTL-ATY-0114

About the Office:
The Office of Tribal Justice (OTJ) is the primary point of contact for the Department of Justice with federally recognized Native American tribes, and advises the Department on legal and policy matters pertaining to Native Americans. OTJ promotes internal uniformity of Department policies and litigating positions relating to Indian country and ensures that the Department clearly communicates policies and positions to tribal leaders.

Job Description:
OTJ is seeking an experienced attorney to serve as Attorney Advisor to provide counsel and assistance to the Director and senior staff. OTJ attorneys:
Provide advice on significant tribal justice matters and assist in policy and legislative development and review.
Provide advice to OTJ leadership on Department components litigating, protecting or otherwise addressing Native American rights and/or related issues.
Review proposed legal actions submitted by divisions that require OTJ approval or coordination.
Perform legal research on assigned questions or law or policy and prepare reports and memoranda.
Assist in coordinating with attorneys and officials of the Department, other government agencies, and interested parties to provide guidance and advice to ensure compliance with statutory, regulatory and policy requirements.
Assist in maintaining liaison with federally recognized tribes, and work with the appropriate federal, tribal, state, and local officials, professional associations, and public interest groups.
Develop, coordinate and execute special projects as assigned by the Director or the Deputy Directors.
Qualifications:
Applicants must possess a J.D. degree with at least two years of post J.D. experience, and be an active member of a bar (any jurisdiction). Applicants must be proficient in analyzing complex legal information and producing clear and thorough written work, and have excellent interpersonal skills. Experience or familiarity with Federal Indian Law is required. Knowledge of or experience with federally-recognized Indian Tribes is required. Prosecution and/or litigation experience is strongly preferred but not required. The incumbent must be able to obtain a Secret-level security clearance.

Salary: The salary level is in the GS-13 to GS-14 ($89,924 – $138,136) range.
Travel: Frequent travel is required.
Application Process: Applicants are required to submit a cover letter (highlighting relevant experience) and résumé. Please reference announcement OTJ ATY-0114 in your cover letter.
Applicants are encouraged to email applications to OTJ@usdoj.gov
Email links icon
or fax them to (202) 514-9078 rather than mail them. No telephone calls please. This vacancy will be open until August 1, 2014 or until selections have been made.

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Alabama-Coushatta Loses Aboriginal Title Claim at Fifth Circuit

Matthew L.M. Fletcher

Here is the opinion in Alabama-Coushatta Tribe v. United States.

We posted briefs here.

H/T Pechanga.

Press Release on “Spirit Lake Child Welfare Improvement Project”

Matthew L.M. Fletcher1 Comment

Here is “Tribal, National, and State Leaders Convene to Develop Strategy for Improving Spirit Lake Child Protection — Director of Bureau of Indian Affairs, representatives from North Dakota’s elected leaders, and others join Spirit Lake Chairman in new initiative to improve child welfare services.”

Oral Argument Scheduled in Yount v. Jewell — Challenge to Secretarial Withdrawal of Lands Around Grand Canyon on Establishment Grounds

Matthew L.M. Fletcher

Here is the order in Yount v. Jewell (D. Ariz.):

227 Oral Argument Order

Briefs here. Prior post here.

 

 

NLRB Moves to Remand Saginaw Chippewa/Chickasaw/LRB Appeals in Light of Noel Canning Decision

Matthew L.M. Fletcher3 Comments

Here:

Chickasaw v. NLRB

NLRB Motion to Remand

CA10 Order Directing Tribe to Respond

Saginaw Chippewa v. NLRB

NLRB Motion to Remand

Little River v. NLRB

NLRB Motion to Remand

Be mindful that oral argument in the Little River Band matter occurred in October 2013.

The Noel Canning decision is here.

 

Update in Stand Up for California v. Jewell

Matthew L.M. Fletcher3 Comments

Here:

85 Motion to Supplement Admin Record

89 US Opposition

92 Reply re Motion to Supplement

Prior post here.

Federal Claims Court Dismisses Winnemucca Trust Breach Claim arising from Alleged Failure to Recognize Proper Tribal Council

Matthew L.M. Fletcher

Here are the materials in Winnemucca Indian Colony v. United States (Fed. Cl.):

1 Complaint

9-1 US Motion to Dismiss

15 Opposition

21 US Reply

23 DCT Order Granting Motion to Dismiss

An excerpt:

The government argues that Counts One, Two, and Three of the pending case must be dismissed under § 1500 because those Counts raise claims that are the same as the claims pending in the Nevada litigation. Plaintiffs contend that the claims in both lawsuits are not the same and therefore Counts One, Two, and Three need not be dismissed. In addition, the government argues that Counts Three and Four must be dismissed for lack of jurisdiction because they seek equitable relief and a declaratory judgment that are outside the jurisdiction of this court. Plaintiffs did not respond to the government’s arguments regarding this court’s lack of jurisdiction over Counts Three and Four.3 For the reasons discussed below, the court agrees with the government that § 1500 bars the court from considering Counts One, Two, and Three of plaintiffs’ complaint and that Counts Three and Four also must be dismissed as seeking relief outside the jurisdiction of the court. The government’s motion to dismiss the complaint is therefore GRANTED.

New Scholarship by Gerald Torres on American Indian Blood

Matthew L.M. Fletcher

Gerald Torres has published “American Blood: Who is Counting and For What?” in the St. Louis University Law Journal‘s most recent symposium issue.

An excerpt:

For Indians, the problem of “who counts” is complex. That it could be asked at all reveals that asking “who counts?” is an artifact of power. The question could be whether Indians have “American blood”? Could they be part of the political community that was being created by Europeans in North America? Or could it mean who counts as an Indian for other reasons? These are not as radically divergent questions as they might first appear because they both pivot around the deeper inquiry: who is counting and for what? And because of the nature of the political culture of the new United States, “who counts” also necessarily implicates the question of race. Thus for Indians, the question is not merely whether they are a “race.” The question for Indians and other indigenous people is whether they will have access to the power that attaches to their being a nation and not just another “race” or ethnicity.

Update in City of Duluth v. NIGC

Matthew L.M. Fletcher2 Comments

Here is Duluth’s motion for summary judgment:

25 Duluth Motion for Summary J

Prior materials here.

ICT on NICS’ New Online Tribal Court Opinions Database

Matthew L.M. Fletcher

Here is ” Northwest Tribal Courts Providing Free Access to Justice.”

We posted on this here.

Read more at http://indiancountrytodaymedianetwork.com/2014/07/01/northwest-tribal-courts-providing-free-access-justice-155581