Here is a documentary on CRIT’s eviction of squatters on the California side of its reservation. http://www.cctv-america.com/2015/05/08/the-guardians-of-the-mojave-desert. This issue was the subject of the lawsuit in French v. Starr which Turtle Talk covered. This documentary provides readers with the context behind that lawsuit
Author: Matthew L.M. Fletcher
Oklahoma v. Hobia is SCOTUSBlog Petition of the Day
Washington State Bar Indian Law Section Spring 2015 Newsletter
Here.
In this issue you will find:
- Message from the Chair
- New IRS Guidance on General Welfare
- Washington Supreme Court Gets it Wrong in State v. Shale
- Reverse Bracker: Just Taxation Near Indian Country
Eighth Circuit Decides Two Tribal Court Jurisdiction Matters Today
In both cases, the court concluded that the tribal courts did not have jurisdiction over tort claims brought against public schools in tribal court.
Here is the opinion in Belcourt Public School District v. Davis. Briefs are here.
Here is the opinion in Fort Yates Public School District No. 4 v. Murphy. Briefs are here.
Navajo Nation Supreme Court Chief Justice Herb Yazzie Statement re Retirement
Statement from Navajo Nation Chief Justice Herb Yazzie
“After forty years working in the legal profession for the Diné and with thirty years working in Navajo Nation government, with a stint as Attorney General and more recently as Chief Justice, I will be retiring. My retirement decision has long been urged by my family, relatives and community out of concern for my well-being. For the past ten years, I have been part of a Court that has had to make hard decisions often involving ruptures in relationships that, according to our deeply held principles of k’é, should properly be the responsibility of a better and more traditional system to patiently restore. I have decided now, with full consultation with my elders, to heed their advice.
Our society is a precious one, but one in which isolation and lack of self-esteem can harm our young ones their whole lives. I was such a young one, refusing to see value in myself, yet I survived though many of my generation did not make it and could not provide for the families they left behind. Somehow, I gained experience and knowledge, and was able to reconnect with my loved ones. It is much harder for a young person to reconnect after isolating himself or herself than to understand the value of relationships, k’é, from the beginning and be helped forward. Sometimes to learn this value, there must be a disciplinarian. I have tried to emphasize this value in my participation on the Supreme Court, Hashkééjí Nahatʹá, and by example.
We start with incomplete knowledge in a difficult environment. The difficulties in making ends meet is often unbearable enough and becoming separate from our value system, embodied by our language, can seem insignificant. We can become indoctrinated into believing such identity to be unimportant. Parents may even believe that they are protecting their child by affirming the unimportance of traditional knowledge that the parents, themselves, have not conveyed. To these parents, I would tell a story, that of a young Navajo serviceman troubled at putting on an army dress uniform with insignia of cavalry sabers, feeling a general sense of betraying himself, and unable to put into thought or words how to own his own future.
My folks always said – your experience, your knowledge, we appreciate you putting it to good use on behalf of the people. You now have attained these high leadership positions. But be aware that there will always be people who will insist on behaving as if the function of government is to destroy itself. In your position, don’t ever get down to their level, because you have to protect the concept of natanii. You have to maintain integrity for the people, and you should not by your words cause people to lose faith in our value system or respect for the value system. That’s not what a leader does. However, there have been a few times that, as part of the Supreme Court, I have had to call the government structure into question in order that the people have knowledge of your government, be engaged in the actions of government, and design and choose your future system of government that affirms who you are rather than merely imitate surrounding states.
The other day, someone told me that he understands and supports the Supreme Court. He remembered that when the Council declared that Fundamental Law and tradition is only what the Council decreed Fundamental Law to be, it was the Supreme Court that struck down that effort. It was through use of Fundamental Law that the courts were able to rein in corruption in past Councils and strike down enactments that provided cover for embezzlement of the discretionary fund. Concern for the traditional law of the people and the value system of the people have been the duty of the court system since the Navajo Nation began performing decision-making functions free of the burden of elections. It is my steadfast hope that the Judicial Branch may continue to be the disciplinarian and gatekeeper without interference.
The Court takes a comprehensive look at the laws and hears the explanation from those who wish to state their position. The Court cannot ignore other laws, and it cannot pick and choose which law applies when there is a set of laws that all bear on one subject. In the recent election cases, our courts affirmed the rights of the people to choose their leaders. Yet at the same time, it was our elders, our former leaders, who made it very specific, very strong, that you must be fluent in order to be President and Vice President. Our government specifically added the fluency qualification in 1999. We affirmed the validity of the language requirement in our president election laws. We have noted that the President is nihi nanitʹaʹi elected by all the Navajo People while all other offices are elected by communities in smaller areas. The President has the stature of representing the whole Navajo Nation to other sovereigns and the one who is the embodiment of the Nation. The law requires this embodiment to be bilingual. Don’t expect to be President without acquiring the qualification.
In closing, I would say that the recent proposed measure to remove me all concern decisions by the Supreme Court, not actions of an individual. The decisions were based on a thorough analysis of the law and declaration of how the law should be applied. Issuing court decisions that are thoroughly explained are manifestly judicial acts, that is what courts do. Our past governmental leaders have always said that when the Supreme Court makes a decision, that is the final decision. That law must be complied with no matter how some may view me as an individual. Seeking to use personal attack does not nullify the Court’s decision. I urge the Diné to learn from the actions and words of those who attack our way of life. Learn and protect our heritage. Turn the negative into positive.
I am truly grateful for being able to have worked with all of you. I have become acquainted with many of you personally and know that I have family all over our land. In my retirement, I am sure we will meet and enjoy the beauty of our life and the gifts that have been bestowed on us.
Coming from being a judge, my dream is that when we meet those who find themselves facing harshness of life, that we will help them, especially affirm to the Diné that because we are Diné, we can restore ourselves to the Beauty Way, and thereby also affirm all humanity who are universally linked, as neighbors, as surrogate family, and as partners in a mutual journey.
I’m sure we will see each other soon.
Johnson, Barnhouse & Keegan Job Postings
Indian Law Litigation Attorney
Albuquerque firm focusing on federal Indian law representation is seeking an associate attorney with 5+ years’ experience in litigation. Applicants must be licensed in a state jurisdiction. Position requires substantial experience in litigation, preferablyin the areas of federal Indian law and tribal law. Applicants must be motivated, hard-working, able to work independently and as part of a team, and must be passionate about serving Native American individuals, tribes, pueblos and their business enterprises. To apply, submit a cover letter, resume, three references and a writing sample to Johnson Barnhouse & Keegan LLP at kgriego@indiancountrylaw.com.
Indian Law Commercial Transactions Attorney
Albuquerque firm focusing on federal Indian law representation is seeking an associate attorney with 5+ years’ experience representing clients in commercial transactions. Applicants must be licensed in a state jurisdiction. Position requires substantial experience in commercial transactions, preferably in the areas of federal Indian law and tribal law. Applicants must be motivated, hard-working, able to work independently and as part of a team, and must be passionate about serving Native American individuals, tribes, pueblos and their business enterprises. To apply, submit a cover letter, resume, three references and a writing sample to Johnson Barnhouse & Keegan LLP at kgriego@indiancountrylaw.com.
FUNDING ANNOUNCEMENT: Keepers of the Earth Fund Self-Governance and FPIC Initiative
FUNDING ANNOUNCEMENT: Keepers of the Earth Fund Self-Governance and FPIC Initiative
First Peoples Worldwide (First Peoples) is pleased to announce its new Self-Governance and Free, Prior, and Informed Consent (FPIC) initiative, a funding opportunity to create or strengthen existing dialogue between Indigenous communities and corporations with respect to Indigenous rights and resources. The colonial period left Indigenous communities deeply scarred; their land, culture, and rights were systematically stripped away by colonists looking to profit from the rich assets utilized by Indigenous Peoples. Indigenous Peoples have struggled in the modern world to have their rights and traditional cultures acknowledged by their respective governments, countries, and the world at large. Now, Indigenous Peoples are speaking up to stop this blatant disregard for their rights, and they are being heard.
In 2007, the United Nations adopted the Declaration on the Rights of Indigenous Peoples (the Declaration), which has since been ratified by 143 countries and sets a global standard for the treatment of Indigenous Peoples. This vital, though not legally binding, declaration is helping to secure Indigenous rights worldwide, and FPIC, which is part of the Declaration, acts as an informal guideline to bringing Indigenous communities closer to securing self-governance.
The primary purpose of the Self-Governance and FPIC initiative is to empower Indigenous communities to use their traditional knowledge and governance structures, decision-making processes, and alliances with other communities, to develop strategic approaches to working with corporations encroaching on their lands and ways of life. To further promote FPIC policy development, this initiative will strengthen Indigenous community organizing, capacity in policy formulation, and communication efforts with governing or corporate authorities.
Through its Keepers of the Earth small grants program and fund, First Peoples promotes Indigenous self-governance and capacity to exercise FPIC. Grant applications will be accepted on a monthly basis through October 31st, annually.
For guidelines and grant applications, please visit First Peoples website (www.firstpeoples.org/grants) or contact grants@firstpeoples.org.
Blue Lake Rancheria Prevails in Unemployment Tax Dispute
Here are the materials in Blue Lake Rancheria v. Lanier (E.D. Cal.):
82-1 Blue Lake Motion for Summary J
SG’s Invitation Brief Opposing Dollar General Cert Petition
Navajo Water Rights Attorney Job Postings
Water Rights Attorney Vacancy Announcement
The Navajo Nation Department of Justice – Water Rights Unit seeks two attorneys. Under the supervision of the Assistant Attorney General, attorneys in the Unit represent the Nation in multiple water rights adjudications pending in state and federal courts, and in state administrative water rights matters; engagein negotiations to resolve the Nation’s water rights claims by settlement; and perform work necessary both to secure approval of negotiated settlements at the tribal, state and federal level and to implement Congressionally-approved water rights settlements. Attorneys are assigned tasks commensurate with their level of experience.
Attorneys in the Water Rights Unit regularly brief and advise the Navajo Nation government, including the Attorney General, the Navajo Nation Water Rights Commission, the Navajo Nation Council and its Committees, the Office of the President and Vice President, and the Navajo Nation Washington Office on water rights matters. Attorneys also assist the Water Rights Commission in efforts to educate the Navajo public about water rights matters and work closely with the Nation’s technical staff in the Department of Water Resources. Attorneys may work on general Navajo Nation legal issues as assigned.
• Juris Doctorate.
• Current admission to practice in any state. Candidates not admitted to practice within the Navajo Nation, or to the state bar of one of the states in which the Nation is located (i.e., Arizona, New Mexico, or Utah) must secure such licenses within one (1) year of hire as a condition of continued employment.
PREFERRED QUALIFICATIONS:
• Juris Doctorate and active license to practice law in Arizona, New Mexico, or Utah and the Navajo Nation.
• Experience in the fields of Indian Law and Water Law.
A successful applicant may be classified, depending upon experience, as an Attorney, Senior Attorney or Principal Attorney, with a starting salary range between $63,356 and $106,225.60. The Navajo Nation offers a generous benefits package. The Navajo Nation employment application form is available through the Navajo Nation Department of Personnel Management at http://www.nndpm.navajo-nsn.org. Please submityour application, together with evidence of bar membership, law school transcript and a writing sample to Stanley Pollack, Assistant Attorney General, at smpollack@nndoj.org or by mail at P.O. Drawer 2010, Window Rock, Navajo Nation (AZ) 86515. Mr. Pollack may also be reached at 928.871.7510 should you have questions about this position.
The Navajo Nation Department of Justice complies with the Navajo Preference in Employment Act. The positions will remain open until filled.
Turtle Talk 
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