United States v. Bryant Cert Petition — Federal Habitual Offender Statute and Uncounseled Tribal Court Convictions

Here is the petition:

Cert Petition

Question presented:

Section 117(a) of Title 18, United States Code, makes it a federal crime for any person to “commit[] a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country” if the person “has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for” enumerated domestic-violence offenses. 18 U.S.C. 117(a).

The question presented is whether reliance on valid uncounseled tribal-court misdemeanor convictions to prove Section 117(a)’s predicate-offense element violates the Constitution.

Lower court materials here (en banc) and here (panel).

California Court of Appeals Decides Gaming Compact Dispute

Here is the unpublished opinion and assorted materials in San Pasqual Band of Mission Indians v. State (Cal. App.):

Unpublished Opinion

San Pasqual Opposition to State Motion for Summary J

San Pasqual Second Amended Complaint

Rebecca Webster on Service Agreement Payment Formulas for Tribal Trust Lands on the Oneida Reservation

Rebecca M. Webster has published “Service Agreements: Exploring Payment Formulas for Tribal Trust Lands on the Oneida Reservation” in the American Indian Quarterly.

Here is the abstract:

Many tribal governments throughout the US struggle with developing and maintaining positive relationships with other governments that have overlapping boundaries. Sometimes a tribe and other governments are able to strike an accord and realize a wide array of ways their respective governments can complement each other in order to provide the best services to their shared communities. Other times tribal and local governments find themselves tied up in litigation and negative public relations campaigns due to their inability to find a way to peacefully coexist. The Oneida Reservation has a unique history leading to checkerboard landownership patterns and the presence of tribal and local governments providing varying levels of government services. With respect to tribal trust land, the Oneida Tribe and local governments have been working together for the past two decades to find equitable ways to recognize each other’s government services through service agreements.

PDF

Standing Rock Sioux Tribal Court Seeking Associate Judge

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

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

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

Here:

North Fork Rancheria Opening Brief

California Answer Brief

Stand Up for California Answer Brief

North Fork Reply

Legal Aid of Wyoming Job Postings

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)

Here:

23 Pojoaque Motion for TRO

24-1 Pojoaque Supplemental Memorandum

28 New Mexico Opposition

Complaint here.

Federal Suit against Osage Wind LLC Fails

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.