AUSA Vacancy – Western District of Oklahoma

The Department of Justice is currently accepting applications for one or more Assistant U.S. Attorney positions (experience with civil and/or criminal asset forfeiture matters preferred).  Duties may include criminal and civil litigation. The announcement is open until Thursday, December 31, 2015.

If interested, please use the link below to view the announcement and for instructions on submitting your application. Also, feel free to forward the link to anyone you know who may be interested in applying.  The announcement should also be in the next OBA Journal.

Agency:  Executive Office for U.S. Attorneys and the Office of the U.S. Attorneys

Job Announcement Number:  16-OKW-1562553-A-01

County Court Awards $109 Million Against Tribal Member

Link to Journal Entry of Judgment by Default in the matter of Whitebird v. McKinney (12/11/2015) here.

Link to Topeka Capital-Journal coverage here.

Excerpts from judgment:

Exhibit 4 which represents information published in the Kansas Register authorizing the daily rate for Kansas Neurological Institution in Topeka, Kansas.  KNI is a residential health care facility for profoundly disabled individuals.  Exhibit 4 also represents an estimate of projected future cost of care in an institution similar to KNI in Topeka, Kansas, to the age of 68 that totals $104,160,411.68.

Exhibit 5 is a medical cost projection for severely disabled individuals through the age of 77 that totals $5,020,246.00.  This projection does not include cost of full-time attendant care that Romeo Whitebird will need the rest of his life.

Plaintiffs don’t believe they will recover the full award, but the judgment secures any future earnings from income or oil royalties from the Three Affiliated Tribes member who is serving nine years for abusing the, then, seven-month-old.

Ho-Chunk Nation Job Announcement

Ho-Chunk Nation

Staff Attorney-Law Clerk

Judiciary Branch

Black River Falls, WI 54615

Summary: Assist Tribal Court Judges and Supreme Court Justices with legal research and the drafting of opinions in a timely manner while facilitating public access to the Court through the provision of procedural legal information.

Qualifications: Graduation from an accredited law school and in good standing of a State Bar. Strong research and writing skills. Strong word processing and computer research skills. Demonstrated interest in and familiarity with Tribal and Federal Indian Law. Fluency in Ho-Chunk Language desired but not required. Preference to members of the Ho-Chunk Nation, then other Native Americans. Must be able to pass a comprehensive background check.  No felony convictions, no current open criminal cases or civil matters that would reflect negatively on the Judiciary Branch. Valid driver’s license, dependable transportation and proper insurance, is required. This is an appointed position.

Working Conditions: Office setting, courtroom. Occasional travel may be required.

We offer 401(K), Competitive Health, Dental, Vision, and Life benefits.

 

APPLICATION/ RESUME & TRANSCRIPTS ARE REQUIRED

Please submit to:

Ho-Chunk Nation
Department of Personnel
P.O. Box 667 Black River Falls, WI  54615
(800) 232-0086 FAX: (715) 284-9465

Application Deadline:

Open Until Filled

See our jobs & application online at: www.ho-chunknation.com

If you have any questions about the position, please contact Kallie Jacobson at 715-284-2722 or by e-mail at Kallie.jacobson@ho-chunk.com

MCN Adopts Free Press Legislation for Mvskoke Media

Muscogee (Creek) Nation introduces protections for tribal media

NORMAN, Okla. – The Muscogee (Creek) Nation (MCN) added free press protections for the tribe’s media division, Mvskoke Media, with the passage of a free press act.

The MCN National Council passed NCA 15-218 by a unanimous vote of 14-0 during the Sept. 26 meeting at the tribal headquarters in Okmulgee, Okla. MCN Principal Chief George Tiger signed the legislation into law Oct. 8.

The council cited access to information and a need for an independent media with stronger objective reporting by the tribe’s media department as findings of support for the amendment.

Reps. Thomas Yahola, Pete Beaver, Johnnie Greene, David Nichols, Dode Barnett, Joyce Deere, Frank Coachman, Mark Randolph, Lucian Tiger, David Hill, Robert Hufft, James Jennings and Adam Jones co-sponsored the legislation.

The department includes a semi-monthly newspaper, weekly radio and television broadcasts and graphic design and printing services.

Mvskoke Media was previously organized under the tribe’s executive branch.

Sterling Cosper, editor of the tribe’s official newspaper, the Muscogee Nation News, said the passage of the act is a positive first step toward an independent press.

“Officially confirming the fourth estate to the framework of our government is an imperative exercise in tribal sovereignty and self-governance,” he said. “We intend to perpetuate this exercise by immediately utilizing the protective provisions of this bill to fulfill its purpose of bringing fair and balanced accounts of MCN affairs to the citizens.”

Jason Salsman was named interim manager of the department earlier this year. He is also the multimedia producer and host of Native News Today, the only all-Native news format currently airing on network television in the state of Oklahoma.

“The citizens will get timely, pertinent news from credible journalists with excellent sources and documentation to back their work,” Salsman said. “The fact that the fourth largest tribe in America will fund a department to be the watchdog sends a clear, concise message that transparent government is a top priority. My hope is that many others will do the same.”

The amendment established an independent three-member editorial board, which oversees Mvskoke Media, without influence from the tribal government.

The executive branch, legislative branch and Mvskoke Media are each responsible for nominating one member to the newly established three-person editorial board. Each member will serve a three-year term.

Travis Snell and Rebecca Landsberry were confirmed as board members by tribal resolution Oct. 31 during the MCN National Council quarterly session.

As of press time, a third member has not yet been nominated.

Snell is a member of the Cherokee Nation and serves as the associate editor of the Cherokee Phoenix, the oldest Native American newspaper. The Phoenix is one of a handful of tribal media outlets with free press protections currently in place. He is a longtime member of the Native American Journalists Association (NAJA).

NAJA is a nonprofit organization educating and connecting its membership through programs that promote diversity and defend challenges to free press, speech and expression. NAJA currently has more than 500 members across the U.S., and Canada covering Native communities through local, tribal and mainstream media.

Landsberry is a Muscogee (Creek) citizen and former editor of the Muscogee Nation News. She is the current NAJA interim executive director and treasurer for the Native Health News Alliance.

Landsberry says freedom of the press empowers tribes.

“It is essential for these journalists covering stories in Native America to have autonomy and the means to hold those in power accountable to the citizens,” she said. “This historic act will continue to strengthen tribal sovereignty and is a tremendous accomplishment for NAJA members there in Mvskoke Media, the Muscogee (Creek) Nation and Indian Country.”

Cosper said the next step will be to add a freedom of information act (FOIA).

“We encourage citizens and officials alike to strengthen our role in the checks and balances system by supporting the passage of a FOIA, which will provide attributive documentation for the content of our coverage,” Cosper said.

Cosper said the department aims to ask for citizen input with adding free press language directly into the MCN Constitution, in addition to the new code of law.

“Through this, citizens would vote to add us as a functioning body of the foundational document for MCN government with their approval being the only means to reverse it,” Cosper said.

MCN is the fourth largest Native American tribe in the U.S., and includes more than 79,000 citizens across the globe. It is the third tribe in the state of Oklahoma to enact free press protections, following the Osage Nation’s passage of the Independent Press Act in 2008 and the Cherokee Nation’s Independent Press Amendment in 2009.

Assistant Attorney General Needed at Pascua Yaqui Tribe

Link to description and announcement here.

Prairie Island Indian Comm. and Available Asst. General Counsel Position

Description: The Prairie Island Indian Community seeks an attorney whose primary responsibility would be to work with the Community’s Family Services Department and represent Family Services in child welfare, child protection, and other matters in the Community’s Tribal Court and other state courts as needed. In addition to the work with Family Services, the Assistant General Counsel would assist in other Legal Department matters, including those involving: tribal governance and tribal agencies, employment issues/disputes, land and environment, land assignments and housing, litigation, enrollment, ordinance drafting and revision, gaming operations and regulation, and government relations.

Qualifications: Minnesota licensed attorney with three years of experience or more. Preferred experience includes working with tribal governments, or working in child welfare and family services. Must gain admission to practice law before the Community’s Tribal Court. Must have excellent interpersonal and organizational skills. Indian preference applies in accordance with Section 7 (b) P.L 93-638.

Salary: Commensurate with experience.

Closing date: Open until filled.

Please send resume and cover letter to Eleanore Bartell, HR Director, Prairie Island Indian Community, 5636 Sturgeon Lake Road, Welch, MN 55089 or Fax: 651 385-4180 or email: ebartell@piic.org. For information call 651 385-4138 or 800 554-5473, ext. 4138.

Appeals Court Remands Suit Against Tunica-Biloxi’s Casino Employees

Order and Memorandum in re Zaunbrecher v. Succession of David, 2015-769 (La. App. 3 Cir. 12/9/15) here.

An appeals court affirmed the Paragon Casino’s immunity from suit for the death of Blake Zaunbrecher, who was killed by a drunk driving patron in 2013.  However, the court reversed the decision to extend that immunity to its employees.   It found that the bartender and security guards could have a personal duty to the decedent that will make them personally liable.  It remanded the case to the 12th Judicial District Court to decide whether to stay all proceedings until resolution of a similar suit in Tribal court.

New BIA Rights-of-Way Regulations: Webinar on Significant Opportunities for Indian Country

On November 17th the Department of the Interior published a final rule on Rights-of-Way on Indian Lands. The new regulations go into effect on December 21, 2015 and will have a substantial impact throughout Indian Country, particularly in eliminating state taxation, creating opportunity for new revenue streams for tribes, and increasing compensation for “piggybacked” uses. Virtually every reservation has multiple rights-of-way for varied purposes. These regulations contain a great deal of opportunity for tribes, but will require action and attention.

To prepare for the implementation of this final rule, NCAI is hosting a webinar to review the Rights-of-Way regulations, and will include discussion with BIA Realty on how to get started reviewing your rights of way. We will also have a discussion on negotiating. Please join us on December 11, 2015 at 2:00 pm EST. Register here.

David Mullon, former Chief Counsel of Senate Committee on Indian Affairs will offer an overview of the regulations.

Sharlene Roundface, Chief, BIA Division of Real Estate Services will share information on how to find documentation of existing Rights of Way

Stephen LeCuyer, Tribal Attorney for Swinomish Tribe, will related the Swinomish Experience with implementing tax provisions in the similar BIA Leasing regualations.

David Harrison, past Director, BIA Office of Trust Services, will discuss experiences in negotiating rights-of-way.

DOI Rights-of-Way Regulations – Final Rule

Highlights of this final rule include:

  • “Piggybacked” uses must be compensated, likely increasing values significantly;
  • State taxation of Rights of Way preempted;
  • Significant opportunity to create new sources of tribal tax revenue;
  • Simplified requirements and clarified processes for BIA review;
  • Streamlined process for obtaining a right-of-way on Indian land by eliminating the need to obtain BIA consent for surveying and establishing timelines for BIA review;
  • BIA disapproval only where there is a stated compelling reason;
  • Providing Indian landowners with notice of actions affecting their land;
  • Greater deference to individual Indian landowner decisions;
  • Promoting tribal self-determination and self-governance by providing greater deference to Tribes on decisions affecting tribal land;
  • Clarified tribal jurisdiction over lands subject to a right-of-way; and
  • Incorporating tribal land policies in processing.

NCAI Contact Information: Colby Duren, Staff Attorney & Legislative Counsel, cduren@ncai.org,  or Christina Snider, Staff Attorney, csnider@ncai.org

John Trudell Walks On

February 15, 1946 – December 8, 2015

News wire with final quotes from John Trudell here.

Indian Country Today coverage with biography here.

Coverage of Oral Arguments at the Supreme Court for Dollar General

From The Atlantic: “Who Can Tribal Courts Try? The U.S. Supreme Court weighs which disputes America’s Indian tribal courts can adjudicate.”

From The New York Times: “Justices Weigh Power of Indian Tribal Courts in Civil Suits”