Standing Rock/NoDAPL Motion to File Amicus in Support of Dakota Access and ACOE Brief Regarding Remedy

Here are the briefs(PDF) in the matter of Standing Rock Sioux Tribe et al v. U.S. Army Corps of Engineers et al, (D.D.C. 16-cv-01534):

Link: Previously filed documents

GTB RFP For CR Trainer/Consultant

Link: Announcement(PDF)

Applications for the contractual position within the Grand Traverse Band’s Family Healing to Wellness Court can be submitted until 5 PM ET October 6, 2017.

Register Now for the 2017 Indigenous Law Conference

Information and Presentation Materials are here.

Links: Tentative Agenda, Registration, TICA sponsorship and membership, Artist Asia Tail

Briefs For Opposing Motions to Compel and Quash in Nooksack RICO Case

Here are the documents in the matter of Rabang v. Kelly, 17-cv-00088 (W.D. Wash.):

Link: Previous posts

Webinar: Opioid Addiction & Treatment in Tribal Communities

Link: Announcement(PDF), Registration

NCJFCJ & NAICJA will host the webinar Thursday, October 5 2017, at 3PM ET.

Request from WPLC Regarding N.D. Petition to Rescind Special Provision

Dear Law School faculty:

I am an attorney associated with the Water Protectors Legal Collective (WPLC), the legal assistance project which has been assisting the Standing Rock Tribe and its supporters protesting the Dakota Access Pipeline in North Dakota.  I’m writing together with Elana Gold, a law graduate working with WPLC, to ask you to consider signing the statement below which will be transmitted to the North Dakota Supreme Court.

In January, the North Dakota Supreme Court granted Special Provisions allowing qualified attorneys from outside North Dakota who are not members of the North Dakota bar to provide pro hac vice legal services in North Dakota representing defendants charged as a result of protest activities connected to the Dakota Access Pipeline.  Just days ago the Presiding District Judge of the South Central Judicial District where DAPL cases are pending, Hon. Gail Hagerty, petitioned the Supreme Court of North Dakota to terminate the Special Provisions the Supreme Court ordered on January 18, 2017 allowing out of state attorneys to represent protesters supporting the Water Protectors.  The Supreme Court initially adopted the provisions to ensure the constitutional rights of these defendants because there is limited access to legal resources in North Dakota. Revoking this provision would be a blow to the rights of defendants.   (Click here to see a copy of the Petition to Terminate the Special Provision.)

The North Dakota Supreme Court is allowing comment on the proposal until Monday October 2nd at 4 p.m.  Over 175 law school faculty from around the United States signed a comment in December 2016 in support of granting the original Special Provisions.  WPLC asks you to now consider signing a comment in opposition to the Petition of Judge Hagerty and the Judges of the South Central Judicial District to terminate the Special Provision allowing out-of-state attorneys to represent protesters.  If you are willing to sign the statement below, please send your name, faculty title, and the name of your institution to Elana Gold at elanagoldlaw@protonmail.com on or before Monday October 2nd at Noon Central Daylight time (1pm Eastern, 10am Pacific).  Please share this request with colleagues at your school.  Thank you for your support.

Respectfully,
Terry Janis
Executive Director
Water Protector Legal Collective


To:       Hon. Justices of the Supreme Court of North Dakota
c/o Penny L. Miller, Esq., Clerk of the Supreme Court
Judicial Wing, First Fl.
600 E. Boulevard Ave.
Bismarck, ND  58505-0530

Re:       In the Matter of a Petition dated September 11, 2017
to Terminate the Court’s Special Provision Adopted
January 18, 2017 to Allow Qualified Attorneys Not Licensed in
North Dakota to Provide Legal Services to Defendants
Charged As a Result of Protest Activities connected to
The Dakota Access Pipeline

We are law school faculty from throughout the United States.  We urge the North Dakota Supreme Court to continue to allow qualified attorneys admitted in other jurisdictions to practice temporarily in North Dakota in order to protect the constitutional rights of those arrested in connection with their opposition to the Dakota Access Pipeline. To this end, we oppose the Petition to Terminate the Special Provision of Legal Services by Qualified Attorneys from Outside North Dakota.

The circumstances that created the initial need for this provision remain critical. Over 800 arrests were made during the Water Protector camps at Standing Rock. As of September 11, 2017 some 150 defendants remained unrepresented and over half of the 800 cases are still unresolved. As these cases rapidly move to trial, it is evident that the number of criminal defense attorneys licensed in North Dakota and available to represent these defendants is inadequate. It would be an affront to fundamental fairness and due process to allow some Water Protectors access to pro hac vice attorneys while denying it to the second half of defendants.

We are concerned that under these circumstances the rights guaranteed the defendants by the state and federal constitutions cannot be upheld. The right of both indigent and non-indigent defendants to adequate and effective counsel undergirds the guarantees of a fair and speedy trial, due process, and equal protection that constitute the cornerstones of the rule of law. The Court can protect these foundational principles and preclude the time and expense of years of subsequent litigation should these defendants be denied their constitutional rights by denying this proposed Petition.

For these reasons we ask the Court to deny the Petition to Revoke dated September 11, 2017 and urge the Court to ensure that all persons arrested and charged in North Dakota have access to adequate and effective legal representation.

Respectfully,
[NAMES OF LAW FACULTY]

National Court Clerk Certification and Court Personnel Conference with NAICJA’s 2017 Annual Judges Conference

Inviting Tribal Court Clerks and Court Personnel to join us for the National American Indian Court Judges Association’s (NAICJA) Tribal Court Clerks Certification & Court Personnel Training during NAICJAs’ Annual Conference! This is a great training to get certification, learn court clerk best practices, managing and reducing your backlog, and more! We have wonderful trainers as well as tribal judicial faculty. The networking is invaluable. We would love to see you there!

Tuesday, October 10, 2017 6:00 PM – Friday, October 13, 2017 12:00 PM (MST)

Isleta Casino & Resort
(505) 724-3800
11000 Broadway Boulevard Southeast
Albuquerque, New Mexico 87105

Registration fee covers all scheduled events and includes food and beverage for:

  • Reception for the first evening
  • Breakfast and breaks for two and a half days
  • Lunch for one day
  • Dinner for one day

Questions:

Contact Bridget McCleskey, NAICJA Conference Coordinator at:
Phone: (907) 854-9470
Email:  confcoor@gmail.com

https://www.regonline.com/builder/site/Default.aspx?EventID=1984503

Friday Job Announcements

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.

University of California at San Fransisco

Associate Director, Office for the Prevention of Harassment and Discrimination. Represents UCSF on behalf of the OPHD Director and serves on various UC and UCSF committees. The Associate Director ensures that UCSF faculty and staff employment policies and procedures comply with all relevant federal, state, and University equal opportunity/affirmative action requirements.

Fond du Lac Band of Lake Superior Chippewa

Staff Attorney, Cloquet, M.N. Provides general legal services to the Band. The Staff Attorney’s responsibilities include contract drafting, litigation, working with administrative agencies, preparing tribal ordinances, and other duties assigned by the Tribal Attorney.  To apply, please submit an application(PDF), resume, and any other supporting documentation to: Fond du Lac Human Resources, 1720 Big Lake Road, Cloquet, MN 55720.

Nisqually Indian Tribe

General Tribal Attorney, Olympia, W.A. Assists and advises the Nisqually Tribal Council, Legal Department Director, and tribal departments in the legal matters related to the management, affairs, and interests of the Tribe. Closes Saturday, October 15, 2017.

Flandreau Santee Sioux Tribe

Human Resources Director, Flandreau S.D. responsible for strategically managing and leading the Human Resources and employees benefit functions of the Tribe, the Tribe’s Health Clinic, and all Tribal Businesses except the Royal River Casino and Hotel. The Director plans and implements Human Resource and employee benefit policies, and updates them periodically. Director ensures that all organizational personnel actions are carried out properly, strictly adhering to tribal and federal laws, and ethical standards. The position also ensures that employee benefits are actively managed and compliant. Applications due Friday, October 6, 2017.

Powers Pyles Sutter & Verville PC

Government Relations Manager, Native American/Tribal Government Practice Group, Washington D.C. Supports Native American advocacy and policy efforts by helping clients design and implement strategies to achieve their social, business and economic goals within a complex legal regulatory framework. A key component of the role is direct lobbying and advocacy. The Manager will advocate on behalf of client interests, monitor and research legislative and regulatory policy developments, draft analyses, prepare correspondences and other documents, as well as facilitate logistics for briefings, agency, and Capitol Hill visits. Qualified candidates will have 3-5 years of relevant regulatory and legislative experience to include at least 2 years of direct lobbying experience. The manager must possess strong analytical, research, and writing skills. A bachelor’s degree is preferred. For consideration, submit a cover letter, resume and writing sample (3-8 pages in length) to Recruiting@PowersLaw.com. In the subject of your correspondence, note “Tribal Relations Manager.” EOE. No search firm submissions, please.

Powers Pyles Sutter & Verville is a law and government relations firm located in Washington, DC, with a national practice focused in four main areas: health law, education law, tribal law, and the law of tax-exempt organizations. Our professionals have served in senior positions in Congress, the White House, the Department of Health and Human Services, presidential commissions and advisory boards, corporate positions, and the private practice of law. The firm remains philosophically committed to the initial vision of remaining mid-sized and independent.

Procopio, Cory, Hargreaves & Savitch, LLP

Summer 2018 Native American Law Internship(2), San Diego, C.A. gain hands-on experience dealing with everyday legal issues facing Native American communities. Interns are involved in matters that deal with specific Indian law-related legal practice matters and other legal problems facing tribal governments and Native entities. Procopio Interns reach out to local Native American youth to provide guidance and inspiration regarding educational direction and opportunities. Applications are due Tuesday, October 31st by 5 p.m. PST.

United States Attorneys Office, District of New Mexico

AUSA (Indian Crimes), Albuquerque, N.M. The attorney selected will be working in the Indian Crimes Section in Albuquerque, New Mexico and will handle prosecutions of a wide variety of federal offenses. Applicants must demonstrate a quick analytical ability and the facility to accurately and precisely articulate the critical issues in a case. Applicants must demonstrate superior oral and writing skills as well as strong research and interpersonal skills, and good judgment. Applicants must possess excellent communication and courtroom skills and exhibit the ability to work in a supportive and professional manner with other attorneys, support staff and client agencies. Applicants must have a demonstrated capacity to function, with minimal guidance, in a highly demanding environment. Applicants will be expected to do their own legal research and writing and will be substantially self-sufficient in preparing day-to-day correspondence and pleadings. Applicants must also demonstrate excellent computer literacy skills to include experience with automated research on the Internet, electronic court filing, and electronic e-mail and word processing systems. Responsibilities will increase and assignments will become more complex as your training and experience progress. Application Deadline: October 4, 2017.

AUSA (Criminal), Las Cruces, N.M. The attorney selected will be working in the Las Cruces Branch office and will handle prosecutions of a wide variety of federal offenses. Application Deadline: October 4, 2017.

AUSA (Organized Crime/Drug Enforcement), Albuquerque, N.M. The attorney selected will be working in the Organized Crime Drug Enforcement Task Force Section. The attorney selected will handle prosecutions of a wide variety of federal offenses, with an emphasis on the prosecution of narcotics crimes. Prosecutions of narcotics offenses include enforcement of Title 21 and cases involving organizations responsible for the trafficking of heroin, marijuana, cocaine, methamphetamine and other controlled substances. Application Deadline: October 4, 2017.

United States Attorneys Office, District of Colorado

AUSA (Appellate), Denver, C.O. Represent the United States in criminal and civil cases before the United States Court of Appeals for the Tenth Circuit. He or she also will handle district court actions filed by federal prisoners under 28 U.S.C. § 2255. Additionally, the AUSA will be required to provide support to lawyers in the Criminal and Civil Divisions. Responsibilities will increase and assignments will become more complex as your training and experience progress. Closes October 3, 2017.

United States Attorneys Office, District of Arizona

AUSA(3), Tuscon, A.Z. Represent the interests of the United States of America in the United States District Court of Arizona and the United States Court of Appeals for the Ninth Circuit, in performing this important public service, to exercise responsibility that is unparalleled in ay other job that a litigator might undertake. AUSAs immediately undertake cases, many high profile, in any of several units within each division. Closes October 4, 2017.

Other jobs posted this week:

RFP for Guardian ad Litems, Grand Traverse Band of Ottawa and Chippewa (9/20/17).

Previous Friday Job Announcements: 9/15/17

GTB RFP for GALs

Link: Announcement(PDF)

The Grand Traverse Band of Ottawa and Chippewa Indians Tribal Court is soliciting contractual-service proposals for a Guardian Ad Litem (GAL) to represent the interests of minors and vulnerable adults in the Tribal Court. The Tribal Court will contract with three (3) GALs for a one (1) year contact that may be renewed for a maximum of three (3) years.

The deadline to submit proposals is 5:00 PM Wednesday, October 4, 2017.

Tribal Governance Training Conference

The Building Strong Sovereign Nations (BSSN) program supports tribal efforts to build strong communities, organizations and governments. The idea of a BSSN program was originally developed by Michigan Tribal leaders who wanted to collaborate with MSU Extension to create a capacity building training curriculum based on the needs identified by tribal stakeholders for current and future generations.

BSSN participants will engage in discussion relating to the ethics, roles and responsibilities of tribal council, fiscal management in Indian Country, best practices for conducting effective meetings, and gain a historical overview of tribes in Michigan and their interaction with state and federal governments. This program offers workshops based on various aspects of tribal governance but also provides an opportunity for tribal leadership to ask questions and learn how other tribal governments address the issues and concern of their communities. Through this training, tribal leaders are empowered to share their successes and challenges with each other so they are better equipped to make positive changes in their communities.

This year the BSSN program will be conducted in conjunction with the United Tribes of Michigan conference at the Gun Lake Casino, 1123 129th Avenue, Wayland, Michigan 49348. The BSSN program will take place Wednesday, Oct. 11, 2017 from 1- 5 p.m. (Eastern Time). The cost of the program is $80 and includes printed handouts and supporting materials.