Superior Court Finds Upper Skagit Tribe Necessary Party in Declaratory Action

Download Court’s letter opinion in re: Schuyler v. Unsworth & Dept. of Fish and Wildlife, Thurston County Cause No. 14-2-02373-9 here.

A member of the Upper Skagit Tribe filed an action in Superior Court for declaratory relief on certain tribal hunting and fishing rights guaranteed by the Treaty of Point Elliot.  However, the Court held that the case affects the rights of the Tribe and therefore the case must be dismissed if it cannot be joined within 90 days.

State of Michigan Celebrates Reunification Day

Link to news coverage here.

The Michigan Supreme Court ceremonially praised the efforts of family court participants, including Tribal leaders, for restoring children to their families on June 24, 2016, in Lansing.  Five judges from Michigan’s Tribal State Federal Judicial Forum were present.  According to the article, more than half of foster care children were returned to their families in 2015.

Internships at Interior

FYI~ The Office of the Solicitor is still accepting applications for Fall 2016 and Spring 2017 interns.  Students may apply at https://solicitor.doi.gov/intern_extern.html (for now, ignore the deadlines).  Interns may work in:

  • Division of General Law (contracts, employment, etc.)
  • Division of Indian Affairs (serves Bureau of Indian Affairs, Bureau of Indian Education)
  • Division of Land Resources (serves Bureau of Land Management, maybe U.S. Geological Survey)
  • Division of Mineral Resources (serves Office of Surface Mining and Bureau of Ocean Energy Management, Regulation, and Enforcement)
  • Division of Parks & Wildlife (serves National Park Service, U.S. Fish & Wildlife Service)
  • Division of Water Resources (serves Bureau of Reclamation, also does Indian water rights)
  • Immediate Office (the Solicitor’s front office)
  • Office of Indian Trust Litigation
  • Office of Ethics

AUSA Vacancy with Criminal Division in Albuquerque

Link to USAJobs announcement here.  Closes July 11, 2016.

Nooksack Court of Appeals: Court Clerk in Contempt and Writ Against Tribal Council

In re Gabriel Galanda v Nooksack Tribal Court Order Finding Clerk Betty Leathers in Contempt.  This action concerns the Nooksack 306 attorneys’ separate complaint for disbarment, which the Court Clerk illegally rejected and continues to refuse to accept.

Belmont v Kelly Order Regarding Petition for Mandamus.  This is the disenrollment action, which hasn’t had a presiding judge since the Tribal Council fired her in March.  The Tribal Council has been told to either timely appoint a judge or lose the action.

Washoe Tribe Vacancies: General Counsel and Tribal Prosecutor

Link to GC announcement here.

Link to request for prosecutorial services here.

For the Prosecutor RFP, Tribal Council has expressed a willingness to take a recent, unlicensed law school graduate. Both positions are for immediate hire.

Tribal Issues Advisory Group’s Final Report on Impact of Sentencing Guidelines

Link to final report (PDF) here.

Link to previous coverage here.

Some key recommendations:

      • Adding commentary to guide when tribal court convictions may be considered for a possible upward departure in the defendant’s criminal history category.
      • Establishing a standing advisory group on tribal issues to assist the Commission on changes to the Guidelines impacting American Indian defendants, to advise on and assist in tribal consultation, and to form the basis for a new TIAG when appropriate.
      • Creating a process for the collection of better data on federal court sentencing to allow for study of the protection order provisions of the Guidelines and analysis of sentencing disparity concerns as detailed herein;
      • Considering the recommendations of other working groups regarding juvenile offenders, including possibly collapsing sentencing zones A, B, and C into a single zone.

SCOTUS Denies Cert in Jensen v. EXC Inc.

Link to docket page here.

Link to previous materials and coverage here.

Associate Attorney Opening with Earthjustice in Denver

Link to job announcement here.

“The Rocky Mountain Office has nine attorneys, including this position, handling a range of cases involving, among other things, the protection of public lands and wildlife from fracking, mining and off-road vehicle damage; species protection under the Endangered Species Act; defending important riparian areas from groundwater pumping; challenging the mining and combustion of coal and oil shale; and utility rate-setting proceedings to expand clean energy sources like rooftop solar.  We are also helping communities fight off environmental impacts from uranium mining and milling in Utah and in the greater Grand Canyon area, and we anticipate growing our environmental justice docket.  Our goal is to produce the highest quality legal work in a diverse, inclusive, supportive, and collegial environment.”

Vulture Fund Files to Hold U.S. Liable for Lower Brule Sioux’s Debt

Here are materials in Great American Life Ins. Co. v. U.S. DOI, 16-cv-00699 ( S.D. Ohio):

Doc. 1 – Complaint for Declaratory, Injunctive, and Other Relief

Interior Board of Indian Appeals Order Affirming Decision

Updated Materials:

10 US Motion to Dismiss