Author: Sarah M Donnelly

Procopio’s Native American Law Internship Summer 2017

Sarah M Donnelly

Link: Now Accepting Applications for Procopio’s Summer 2017 Native American Law Internship Program

Applications are due Friday, October 28th by 5 p.m. PST. Internship applications should include:

  1. A writing sample
  2. Law school transcript
  3. Resume
  4. Cover letter identifying why this is an opportunity you would like to pursue, any tribal governmental experience you have and why Native American legal issues are significant to you.

The program is ten weeks and begins after May 15, 2017.  Applications can be emailed to: ted.griswold@procopio.com or sent via USPS mail to:

Procopio, Cory, Hargreaves & Savitch, LLP
Attention: Ted Griswold
525 B Street, Suite 2200
San Diego, California, 92101

D. N.M. Denies Motion to Amend Judgment in Water Rights Settlement

Sarah M Donnelly

Here are the materials in the matter of New Mexico et al v. Aamodt el al, 66-cv-00639 (D. N.M. Sept. 9, 2016):

Doc. 9972 – Response in Opposition to Motion to Approve Settlement Agreement and Entry of Proposed Partial Final Judgment and Decree

Doc. 10543 – Memorandum Opinion and Order Approving Settlement Agreement

Doc. 10567 – Opposed Motion to Alter or Amend Judgment Pursuant to Rule 59(e)

Doc. 10581 – Plaintiffs-In-Intervention the United States, Pueblo de Nambé, Pueblo de Pojoaque, Pueblo de San Ildefonso, and Pueblo de Tesuque’s Response in Opposition to Motion to Alter or Amend Judgment Pursuant to Rule 59(E)

Doc. 10632 – Reply in Support of Motion to Alter or Amend Judgment Pursuant to Rule 59(e)

Doc. 10858 – Memorandum Opinion and Order Denying Opposed Motion to Alter or Amend Judgment Pursuant to Rule 59(e)

Oklahoma Bar Indian Law CLE 2016

Sarah M Donnelly

The Legal Power of Indian Tribes 

Please join the Indian Law Section of the Oklahoma Bar Association for a full day CLE event.
Where: the new campus of the OCU School of Law in downtown Oklahoma City, 800 N. Harvey
When: Friday September 30, 2016 from 8:30 AM until 3:00 PM
CLE Credits: 6.0 total credits, 1.0 ethics (application pending)
Cost: $30.00, FREE for the Indian Law Section and Government and Administrative Law Practice Section
Register at https://www.eventbrite.com/e/oba-indian-law-cle-2016-tickets-27193230685?aff=
For questions, please contact Valery Giebel, vgiebel@praywalker.com or 918-581-5529

Topics

Full Faith and Credit of Tribal Judgments in State and/or Federal Court
Dianne Barker-Harrold, Indian Country Consultant, Attorney for Tribal Counsel of Cherokee Nation and Chief Judge of the Pawnee Nation
Probates of Restrictive Indian Land
Stephanie Hudson, Senior Attorney at Oklahoma Indian Legal Services
Inter-Tribal Disputes (Ethics)
John Parris, Private Practice Attorney in Indian Country
Supreme Court Round-Up
Casey Ross, Director of American Indian Law and Sovereignty Center and General Counsel of Oklahoma City University School of Law
Land Development in Indian Country
Brenda Golden, Attorney and Professor of Indian lands at College of Muscogee Nation
Oklahoma, Chickasaw, Choctaw, Oklahoma City Water Settlement
Stephen H. Greetham, Chief General Counsel to Chickasaw Nation

Additional Sponsors: Cherokee Nation Supreme Court
Judge Thomas S. Walker, Appellate Magistrate for CFR Court (retired)
OBA Administrative and Government Law Practice Section
Crowe and Dunlevy

Very Latest Rejected Nooksack Filings

Sarah M Donnelly

Download(PDF):

Galanda v Bernard REJECTED Gabriel S Galanda’s Motion for Partial Summary Judgment

Galanda v Bernard REJECTED Declaration of Gabriel S Galanda in Support of Motion for Partial Summary Judgment

Belmont v Kelly REJECTED Pro Se Formal Indications Re June 28 2016 Order

Friday Job Announcements

Sarah M Donnelly

Job vacancies are posted on Friday.  Some announcements might still appear throughout the week.  If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.

ASSOCIATION OF VILLAGE COUNCIL PRESIDENTS, BETHEL, ALASKA

ICWA Director

Responsible for the overall operations of the ICWA department and personnel. Supervision of the ICWA Program involving case management oversight entered into on behalf of the compacted villages in the AVCP region.

Required – Bachelor’s degree from an accredited university in a Human Services field of study or in a related field with a Master’s degree preferred. Work experience and training which provided the required knowledge, skills and abilities for the position can be substituted on a year-for-year basis. Three (3) years of successful experience as a Program Manager, including staff supervision, management networking, communications and staff development, grant writing and reporting and fiscal management.

Tribal Court Development Coordinator

Provides direct services to the villages in enhancing or creation of tribal courts under the directive of the center Director, including tribal court program planning, program reporting, assistance with training and technical assistance, tribal court reporting software troubleshooting and training of the software to tribal court staff. This position will research and draft policy and legal documents for the tribal court use, will assist member tribes and work directly with the Assigned Court Assessment Team under the guidance of the federal partners. Other duties include providing clerical and office support for the Tribal Justice Center (TJC). The Tribal Court Development Coordinator will work with the Director to seek funding sources for the tribal courts in conjunction with the tribes.

High school diploma or GED is required. A Bachelor’s or an Associate’s degree from an accredited university is preferred. A minimum of two to three (2-3) years of progressive experience in working with tribes is required.

To apply: www.avcp.org

SWINOMISH INDIAN TRIBAL COMMUNITY

Tribal Prosecutor

Nature of Practice: The Tribal Prosecutor represents the Swinomish Indian Tribal Community in Tribal Court in criminal prosecutions, Wellness Court hearings, exclusion proceedings and civil code violations. The Prosecutor reports to and is supervised by the Director of the Office of Tribal Attorney. The Prosecutor also drafts ordinances and may provide advice and recommendations to the Police Department and other departments of the Tribe, as well as the Swinomish Indian Senate and its Committees, on legal policy issues. The work involves a creative, holistic, and interdisciplinary approach developed in conjunction with other Tribal departments to achieve restorative justice. The Prosecutor is supported by a legal assistant in the Office of Tribal Attorney. The Office of Prosecuting Attorney is paperless– all files are maintained electronically.

Minimum Qualifications: Candidate must have graduated from an accredited law school; be licensed to practice in Washington State or have the ability to become licensed through reciprocity, or be eligible for and register for the next scheduled Washington Bar Exam; have excellent written, oral, research and analytical skills; have sufficient experience to independently run a prosecutor’s office; have strong interpersonal communication skills; have negotiation and litigation experience; have an ability and desire to thrive in a dynamic, interdisciplinary and cross-cultural work environment; have experience engaging in creative problem-solving and a dedication to problem-solving approaches; have a commitment to restorative justice; be willing to work in a team setting, including with defense counsel; and view the prosecutorial role as a minister of justice rather than simply an advocate. Experience in a therapeutic court and/or tribal court preferred. Strong preference for an attorney with experience in criminal and Indian law, a demonstrated commitment to working with Native or other minority communities, and/or experience as a supervisor. Willingness and ability to independently work in a paperless office strongly preferred. Native American hiring preference will be in effect during the selection of candidates.

Location: Tribal offices are located in the Swinomish Village on the beautiful Swinomish Indian Reservation at the southeastern end of Fidalgo Island in rural Skagit County, Washington, across the Swinomish Channel from La Conner, W A. The Tribal offices are located 90 minutes north of Seattle, and 90 minutes south of Vancouver, Canada.

Salary: Negotiable depending upon experience. The position is full-time. Compensation includes medical, dental & vision, 401 (k) retirement plan, and other fringe benefits.

Application: The Tribe would like to hire an attorney for this position as soon as possible, with initial review of applications on September 13, 2016. Please submit the following: Swinomish employment application (available at http://www.swinomish-nsn.gov or via email), cover letter expressing the reasons for interest in the position and salary requirements; current resume, writing sample and the names of at least three professional references to:

Elizabeth Miller, Paralegal
Swinomish Indian Tribal Community
11404 Moorage Way
La Conner, Washington 98257
Tel: (360) 466-7369
Fax: (360) 466-5309
E-mail: emiller@swinomish.nsn.us

YUROK TRIBE

2017 Summer Law Clerk

Download(PDF): Application Packet

FEDERAL RESERVE BANK OF MINNESOTA, CENTER FOR INDIAN COUNTRY DEVELOPMENT (CICD)

Project Manager/Senior Project Manager

Download(PDF): Job Posting

Fond du Lac Band of Lake Superior Chippewa Request for Proposals

Sarah M Donnelly

The Fond du Lac Band of Lake Superior Chippewa is soliciting proposals from qualified, licensed attorneys to provide judicial services for the Band’s tribal court. The Band anticipates selecting four individuals to serve as appellate court judges and one individual to serve as a pro tem trial court judge.

The pro tem trial court judge will serve when the Band’s Chief Judge is unavailable, as assigned by the Chief Judge. The pro tem judge presides on motions and requests of the parties; schedules and presides over conferences, evidentiary hearings and bench trials; conducts necessary legal or factual research; and renders legal opinions.

The Band’s trial court hears cases on the first Monday and Tuesday of the month, unless the first Monday is a holiday. In that case, the court convenes on the second Monday and Tuesday of the month. Other court dates may be scheduled by the Chief Judge as necessary. The Trial court hears cases involving violations of the traffic, animal control, truancy and conservation codes, as well as general civil matters, including but not limited to dissolution of marriage, name change, small claims, contracts, and probate. In 2015, there were 179 new cases filed with the court. The Band’s ordinances are available at http://www.fdlrez.com/government/fdlordinances.htm.

The Band does not currently have an appellate court. The Band’s appellate code is currently under development. It is anticipated that oral arguments will be held at the Fond du Lac Tribal Court, and that the number of appeals will not exceed five annually.

Indian preference will apply in the selection process in accordance with the Band’s Tribal Employment Rights Ordinance.

Applicants must meet the following minimum qualifications:

  1. Have graduated from an accredited law school and be admitted to the bar in any state;
  2. Have a minimum of 8 years’ experience practicing law (which may include service on a tribal, federal or state court bench);
  3. Have a demonstrable knowledge of Indian and Federal law;
  4. Be familiar with the Constitution and laws of the Minnesota Chippewa Tribe and the laws of the Fond du Lac Band;
  5. Have never been convicted or pleaded guilty to any felony, nor been found guilty of any crime involving fraud or dishonesty or moral turpitude.

Demonstrable knowledge and experience with Tribal Courts is preferred, but not required.

To submit a proposal, send a proposal by e-mail to kristiwheale@fdlrez.com or by mail to Kristi Wheale, Clerk of Court, Fond du Lac Tribal Court, 1720 Big Lake Road, Cloquet, MN 55720

The proposal should include:

  1. A proposed rate or fee;
  2. A statement to indicate whether the applicant is interested in an appellate court position, the pro-tem trial court position, or both.
  3. A resume and a statement of qualifications;
  4. A list of at least three professional references that may be contacted by the Band. It is preferred that the references include clients for whom similar work has been done within the past two year period. References shall include a complete address, contact name and telephone number.

Proposals must be received by 4:30 p.m. central time on Friday, October 7, 2016.

Indian Law Resource Center: Indigenous Notes

Sarah M Donnelly

The World Bank Approves Indigenous Peoples Policy

This month, the World Bank’s board of directors approved a new Environmental and Social Framework, modernizing a decades old set of policies aimed at preventing Bank-funded development projects from harming the environment and people. (More …)

About the American Declaration on the Rights of Indigenous Peoples

The American Declaration on the Rights of Indigenous Peoples will help protect our self-determination rights, our rights to our territories and natural resources, our right to sustainable development and to the healthy environment on which indigenous peoples physical and cultural survival depends. It will also help to ensure respect for the practices, traditions, laws, and cultural values of indigenous people. (More …)

Mayan leadership learns how to hold development banks accountable for human rights violations

Multilateral development banks play a key role in financing large-scale development projects, such as dams and forestry initiatives, that have often had devastating impacts on indigenous people and their communities. The Center led a workshop on the United Nations System and multilateral development banks for the traditional and ancestral authorities of the Mayan Nation. (More …)

Indian Law Resource Center chairwoman appointed to top UN body on indigenous issues

Terri Henry, the Eastern Band of Cherokee Indians Secretary of State and chairwoman of the Indian Law Resource Center board of directors, is one of 16 experts tapped to serve on the United Nations Permanent Forum on Indigenous Issues. She will begin her three-year term on January 1, 2017. (More …)

Minnesota tribes learn about engaging in the UN

Tribal leaders from the Mille Lacs Band of Ojibwe and other Minnesota Indian Affairs Council representatives met with Indian Law Resource Center lawyers August 4, 2016, for a high-level workshop about how to engage in the United Nations system to protect tribal lands, sovereignty, and cultures. (More …)

Indigenous Law Journal Call for Submissions

Sarah M Donnelly

The Indigenous Law Journal, Volume 16,
 CALL FOR SUBMISSIONS DEADLINE: SEPTEMBER 30, 2016

The Indigenous Law Journal is dedicated to developing dialogue and scholarship in the field of Indigenous legal issues, both within Canada and internationally. We encourage submissions from all perspectives on these issues. Our central concerns are Indigenous legal systems and the interaction of other legal systems with Indigenous peoples. We are the only legal periodical in Canada with this focus. We welcome the addition of your voice to the discussion. For full details on the submissions process, requirements, and student awards, please see: ilj.law.utoronto.ca We now accept recorded oral submissions.

Please contact the Submissions Manager prior to making an oral submission, or to submit written work: submissions.ilj@utoronto.ca. Please address questions to Sinéad Charbonneau & Jesse Waslowski, Co-Editors-in Chief: indiglaw.journal@utoronto.ca.

14th Annual Northwest Gaming Law Summit

Sarah M Donnelly

Download(PDF): Brochure

The conference is December 8-9 in Seattle.