Cedarville Rancheria Sues Cedarville County Water District

Here is the complaint:

Cedarville Rancheria Complaint

An excerpt:

This is an action brought by the CEDARVILLE RANCHERIA (hereinafter, the “Tribe”), a federally-recognized Indian tribe, against the CEDARVILLE COUNTY WATER DISTRICT (hereinafter, the “District”) and unknown agents, servants and/or employees of the District, arising from the District’s installation of water pipes upon the Tribe’s land without privilege or consent. The Tribe seeks the District’s ejectment from those portions of the Tribe’s land which are wrongfully occupied, as well as damages.

Lac Vieux Desert Band Ojibwe Prosecutor Job Posting

JOB VACANCY

POSITION:                            Prosecuting Attorney

DEPARTMENT:                    Lac Vieux Desert Prosecutor’s Office

SUPERVISOR:                      Lac Vieux Desert Tribal Council

LOCATION:                          TBD

EMPLOYMENT:                   FULL-TIME

SALARY:                               TBD based on qualifications and experience

Non-Exempt Status

JOB SUMMARY

Under the administrative supervision of the Tribal Council of the Lac Vieux Desert Band of Lake Superior Chippewa Indians (“LVD” or “Tribe”), the Prosecuting Attorney provides criminal and civil law enforcement services to the LVD community, presents child protection matters in LVD Tribal Court.  The Prosecuting Attorney will perform the duties and responsibilities of the position in a manner that is consistent with applicable ethical standards and assuring that justice is upheld according to the laws of the Tribe. Occasional travel within and outside Michigan will be required.

PRINCIPAL DUTIES

  1. Conduct pre-trial investigations of violations of the Tribe’s criminal laws in cooperation with the Tribal Police Department and other Tribal authorities;
  2. Exercise authority and discretion to prosecute criminal violations in the LVD Tribal Court, including arraignments, motions, trials, and appeals, or, to the extent consistent with public policy and in the public interest and subject to the final approval of the Tribal Court, negotiate and enter into plea agreements;
  3. Prepare or review all requests for warrants and subpoenas issued under the authority of Tribal law to substantiate compliance with legal requirements;
  4. If designated as Special Assistant U.S. Attorney, prosecute non-Indian misdemeanor violations in the federal courts;
  5. In cooperation with other LVD authorities, prosecute violations of LVD and GLIFWIC conservation, environmental, and natural resource protection laws;
  6. While upholding LVD sovereignty and jurisdiction, assist, cooperate and coordinate with local, state and federal law enforcement authorities as needed regarding criminal investigations and prosecutions occurring within their respective jurisdictions, particularly where crimes involving the LVD community or its members are concerned;
  7. Present child protection and custody matters in LVD Tribal Court;
  8. Present juvenile status offenses and delinquency matters in the LVD Tribal Court;
  9. As requested, serve as a member of the LVD Child Protection Team and other Multi-disciplinary Team that may be created from time to time;
  10. As directed, prepare policies and guidelines to provide proper procedures for carrying out the Prosecuting Attorney’s duties and responsibilities;
  11. As directed, cooperate with and assist the LVD Tribal Court and the Tribal Police Department in their efforts to improve procedure and administration within their respective agencies as pertains to the duties and responsibilities of the Prosecuting Attorney; and
  12. As directed, attend legal training and continuing legal education seminars and conferences regarding subject matters directly related to the duties and responsibilities of the Prosecuting Attorney.

Except as encompassed within the scope of duties of the Prosecutor or as otherwise expressly authorized, the Prosecuting Attorney shall not provide legal advice to LVD agencies, employees, or members.  The responsibilities listed above are representative of the nature and level of work assigned and are not necessarily all-inclusive.  All of the duties listed above may not be assigned, nor do the examples cover all duties which may be assigned.

MINIMUM QUALIFICATIONS 

  Continue reading →

National Indian Gaming Commission Staff Attorney Job Posting

Department of the Interior | National Indian Gaming Commission

 Staff Attorney

Job Announcement Number: NIGC-DA-13-MM813687(EX)

SALARY RANGE: $105,211.00 to $155,500.00 / Per Year

OPEN PERIOD: Friday, December 28, 2012 to Friday, January 11, 2013

SERIES & GRADE: AD-0905-14/15 (Equivalent to GS-14/15)

POSITION INFORMATION: Full Time – Excepted Service Permanent

DUTY LOCATIONS: Washington DC

JOB SUMMARY:

The National Indian Gaming Commission (NIGC) is an independent Federal regulatory agency whose primary mission is to regulate gaming activities on Indian lands for the purpose of shielding Indian tribes from organized crime and other corrupting influences; to ensure that Indian tribes are the primary beneficiaries of gaming revenue; and to assure that gaming is conducted fairly and honestly by both operators and players.

Responsibilities include but are not limited to: administrative and federal litigation regarding Indian gaming matters; the review of tribal gaming ordinances and management contracts; and the provision of general legal advice and assistance on gaming and administrative matters to the NIGC.

The Attorney works in the Office of the General Counsel of the NIGC

The salary range for this position is equivalent to the GS-14/15 salary ($105,211- $155,500).

For full job description and application information visit http://www.usajobs.gov/

GetJob/ViewDetails/334583900

More on Idle No More

Here (“Idle No More and Settler Colonialism: We Are All Treaty People“) and here (“InvisibleNoMore“).

Thanks to Patrick O’Donnell.

Aamjiwnaang First Nation Blockade of CN Rail Line Held in Contempt of Court

News coverage here. Excerpt:

A contempt of court order was issued against the Sarnia CN Rail blockade Tuesday for failing to comply with a previous court injunction to remove it when it began 13 days ago in support of the Idle No More movement.

Named in the court order is Ron Plain, the spokesman for the people mounting the blockade. He is scheduled to be in Sarnia court Wednesday at 11 a.m. according to a statement released by members of the Aamjiwnaang First Nation blockade.

Federal Court Dismisses Most Claims by Oklevueha Native American Church re: Cannabis

Here are the materials in Oklevueha Native American Church v. Holder (D. Haw.):

DCT Order Partially Dismissing Claims

DOJ Motion to Dismiss

Oklevueha Opposition

DOJ Reply

The Ninth Circuit’s previous remand is here.

SCOTUSBlog: Two Indian Law Petitions to Watch for this Week’s Conference

Here:

Issue: (1) Whether a non-custodial parent can invoke the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-63, to block an adoption voluntarily and lawfully initiated by a non-Indian parent under state law; and (2) whether ICWA defines “parent” in 25 U.S.C. § 1903(9) to include an unwed biological father who has not complied with state law rules to attain legal status as a parent.
Issue: (1) Whether a federal court has jurisdiction to enjoin activity that violates the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. § 2701 et seq., but takes place outside of Indian lands; and (2) whether tribal sovereign immunity bars a state from suing in federal court to enjoin a tribe from violating IGRA outside of Indian lands.

 

Tribal Court Materials in Yakama v. State of Washington — Fuel Tax Dispute

Here:

Yakama v Haight Tribal Court Complaint (USDC)

Yakama v Haight Tribal Court TRO (USDC)

Yakama v Haight Tribal Court TRO Motion (USDC)

Related federal court materials are here.

Ninth Circuit Briefs in Challenge to Use of Uncounseled Tribal Court Convictions in Federal Habitual Offender Statute

Here are the materials in United States v. Bryant:

Bryant Opening Brief

US Appellee Brief [Bryant]

Bryant Reply

The CA8 and CA10 have rejected similar challenges, here.