Call for Proposals: Native Justice Coalition

The 3rd Annual Anishinaabe Racial Justice Conference seeks proposals centered on Indian Law, Policy & Treaty Rights, Missing and Murdered Indigenous Women, Girls, and Two-Spirits, Decolonizing Education, and more. This conference will offer workshops, presentations, and coalition building on racial justice.

WHERE: Keweenaw Bay Indian Community, Niiwin Akeaa Community Center, 111 Beartown Road, Baraga, MI, 49908

WHEN: Thursday, May 14th – Sunday, May 17th

SUBMIT PROPOSALS: https://www.nativejustice.org/conferenceproposal

CILA Scholarship and Upcoming Pre-Law Program

2020 Pathway to Law Flyer

CILA is pleased to announce the 2020 Pathway to Law Program at UC Davis School of Law, March 6-7, 2020.  The Pathway to Law Program is a full-scholarship 2 day program and additional travel funds are available.  The Program targets those who are eager to learn how to best prepare for the law school application process and about law schools that might interest them. Preference is given to those with ties to California but all Natives are encouraged to apply. The program is generously sponsored by California ChangeLawyers and the National Native American Bar Association Foundation. Additional information and a link to the program application can be found at calindianlaw.org. Applications are due February 12, 2020.

2020 3L Diversity CILA Promo 1 of 2

For all Native American/Alaska Native 3Ls and recent grads who plan to serve California Indian Country following graduation, CILA is pleased to announce the 2020 3L Diversity Scholarship  with California ChangeLawyers. CILA has created a special Affinity Scholarship that specifically targets Native American students who intend to take the California Bar exam in 2020. One recipient will receive a $5,000 cash award. The deadline to apply to January 27, 2020. More information and a link to the application can be found on CILA’s website at calindianlaw.org.

Call for Papers, American Indian Law Journal, Volume 8, Issue 2 (Spring 2020)

The American Indian Law Journal (AILJ) of Seattle University School of Law is seeking papers for its upcoming Spring 2020 issue. Legal scholars, practicing lawyers, and law students are all eligible to submit. In addition to traditional approaches, AILJ welcomes interdisciplinary analyses. Some of our past topics include water rights, intellectual property protections, tribal cannabis policies, disenrollment, and environmental justice activism. You can view past issues here: https://digitalcommons.law.seattleu.edu/ailj/.

 

Please submit your article as a Word document to Phoebe Millsap at millsapp@seattleu.edu. Please assist us in finalizing our spring article roster by submitting your articles as soon as possible. If you have any questions or are considering submitting a paper, please contact Phoebe Millsap. 

Friday Job Announcements

Any posts for an open Indian law or leadership job received prior to 12pm EST on Friday will appear in that week’s announcement, when the following information is sent to indigenous@law.msu.edu:

  1. In the email body, a typed brief description of the position which includes
    • position title,
    • location (city, state),
    • main duties,
    • closing date,
    • and any other pertinent details such as links to application;
  2. An attached PDF job announcement.

Please send all job announcements in this requested format. For examples, see the job announcements below.

Michigan State University College of Law

Librarian I, East Lansing, MI. The Law College’s Librarian I provides reference and research assistance and instruction to law school faculty, students, staff, and the general public. This posting will stay open until filled and more information can be found here.

Hobbs, Straus, Dean & Walker, LLP

Associate Attorney, Portland, OR.  Hobbs, Straus, Dean & Walker, LLP, a national law firm that specializes in Federal Indian Law, seeks Associate Attorney to work in our Portland, OR office.   This position is open until filled.  Please see the Job Announcement for more information and how to apply.

Associate Attorney, Washington, DC.  Hobbs, Straus, Dean & Walker, LLP, a national law firm that specializes in Federal Indian Law, seeks Associate Attorney to work in our Washington, DC office.   This position is open until filled.  Please see the Job Announcement for more information and how to apply.

Lummi Nation

Deputy Tribal Prosecutor II, Bellingham, WA. Represent the Nation in Tribal Court and Court of Appeals, including civil traffic, environmental and natural resource violations, civil forfeiture, exclusions, juvenile delinquency proceedings, and drug court. Application closes January 30, 2020. For more information please see the position description.

Staff Attorney III, Bellingham, WA. Staff Attorney III works within the Office of the Reservation Attorney for the Lummi Nation performing duties primarily concerning tribal and cultural sovereignty, and self-governance, with a special emphasis on protecting treaty fishing and hunting rights. Application closes February 4, 2020.

Little River Band of Ottawa Indians

Legal Intern, Manistee, MI. The Intern will assist the ULD in its role as in-house legal counsel to the Little River Band of Ottawa Indians that provides legal services and representation to the Tribal Government and its Enterprises, including Elected Officials, Departments, Commissions, and the Little River Casino Resort. Applications will be reviewed on a revolving basis beginning December 1, 2019 until the position is filled. Application instructions here.

Nevada Legal Services

Staff Attorney, Reno, NV. The Program provides a wide range of services to both tribal members and tribal governments based upon the needs expressed by each community. Applications will be considered on a rolling basis but no later than February 29, 2020.

Mille Lacs Band Tribal Court

Part-time Law Clerk, Onamia, MN. Responsible for assisting the Tribal Court judiciary with legal research, drafting of court decisions, and special court development projects. Open until filled. Visit http://www.Millelacsband.com or see the job description for more information.

Pueblo of Laguna

Public Defender, Dept: Pueblo Court. Closing date for application submission – Open Until Filled.

Legal Assistant, Dept: Pueblo Courts. Closing date for application submission – Open Until Filled.

Administrative Assistant II; Dept: Pueblo Courts/Probation & Public Defender Office. Closing date for application submission – February 3, 2020.

Please visit the Pueblo of Laguna website for more information and application instructions at www.lagunapueblo-nsn.gov or you can contact the Human Resources office at (505) 552-6654.

Navajo Nation

Judicial Branch

Staff Attorney, Chinle Judicial District, Chinle AZ. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.navajocourts.org/vacancies. This position is open until filled.

Staff Attorney, Aneth Judicial District, Aneth, UT. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.navajocourts.org/vacancies. This position is open until filled.

Staff Attorney, Dilkon Judicial District, Dilkon, AZ. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.navajocourts.org/vacancies. This position is open until filled.

Staff Attorney, Kayenta Judicial District, Kayenta, AZ. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.navajocourts.org/vacancies. This position is open until filled.

District Court Judge, Judicial District Court, Navajo Nation Wide. The District Court Judge is responsible in presiding over civil, criminal and family court cases; provides policy direction and guidance in the operation of the Judicial District.  For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.

Associate Justice, Supreme Court of the Navajo Nation, Window Rock, AZ. This position shall perform work of unusual difficulty, hear arguments, read briefs and conduct research necessary to pass judgment and issue rulings on cases brought before the Navajo Nation Supreme Court.  For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.

Office of the Attorney General

Principal Attorney, Window Rock, AZ Under general direction of the Assistant Attorney General or the Attorney General and Deputy Attorney General, provides professional legal work and advice to the Navajo Nation Office of the Controller (OOC), Office of Management & Budget (OMB), Office of the Navajo Tax Commission (ONTC), Department of Retirement Services (NDRS), Budget and Finance Committee (BFC), and Investment Committee (IC), and, as required, to the Navajo Nation Council, Oversight Committees, the Executive, Legislative and Judicial Branches, and Chapters regarding a wide range of legal issues.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Attorney, Window Rock, AZ Under general direction of Assistant Attorney General or the Attorney General, and Deputy Attorney General, provides legal direction to Navajo Nation Division of economic/Community Development Chapters and Navajo Nation Gaming Regulatory Office regarding a wide range of legal issues, including statutory and regulatory compliance, contract disputes and procurement issues, and intergovernmental relations; performs professional legal work in counseling, research, trial and other legal work; present case in courts; and performs related duties as required.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Assistant Attorney General, Window Rock, AZ Under general direction of the Attorney General or the Deputy Attorney General, manages the “Human Services and Government Unit” of the Office of the Attorney General; provides legal direction to other attorneys and advocates in providing complex legal representation to Navajo Nation Divisions, Departments, and Local governmental units regarding a wide range of legal issues, including the Divisions of Education, Health, Social Services, General Services, Human Resources, Public Safety, Veteran Affairs, and the Judicial and Legislative Branches.  This position is open until 1/28/2020, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Principle Attorney, Window Rock, AZ Under the general direction of the Assistant Attorney General, Attorney General or the Deputy Attorney General, the position is assigned to the “Humans Services & Government Unit” of the Office of the Attorney General; Provides legal direction to other attorneys and advocates in providing complex legal representation of Navajo Nation Divisions, Departments, and Local governmental units regarding a wide range of legal issues, including the Divisions of Education, Health, Social Services, General Services, Human Resources, and the Judicial and Legislative Branches of the Navajo Nation.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Office of the Prosecutor

Prosecutor, Tuba City, AZ Under the general supervision of the Chief Prosecutor, this position represents the interest of the Navajo Nation in prosecuting individuals alleged to have violated provisions of the Navajo Nation Code; reviews citations, arrest sheets and other law enforcement documents and reports; interviews witnesses, gathers facts and data; determines if sufficient evidence exists to support the charges; conducts legal research; drafts complaints, motions and/or other legal proceedings; prepares a legal strategy; gathers and compiles evidence; identifies and subpoenas witnesses, records and other information required to present the case.  This position serves at the pleasure of the Chief Prosecutor.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Prosecutor, Shiprock, NM Under the general supervision of the Chief Prosecutor, this position represents the interest of the Navajo Nation in prosecuting individuals alleged to have violated provisions of the Navajo Nation Code; reviews citations, arrest sheets and other law enforcement documents and reports; interviews witnesses, gathers facts and data; determines if sufficient evidence exists to support the charges; conducts legal research; drafts complaints, motions and/or other legal proceedings; prepares a legal strategy; gathers and compiles evidence; identifies and subpoenas witnesses, records and other information required to present the case.  This position serves at the pleasure of the Chief Prosecutor.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Water Rights Unit

Assistant Attorney General, Window Rock, AZ The Assistant Attorney General (AAG) for the Water Rights Unit is the lead water rights attorney for the Navajo Nation, representing the Nation in multiple water rights adjudications pending in state and federal courts, in state administrative water rights matters and in any settlement negotiations concerning the Nation’s water rights. The AAG directs and supervised the work of all attorneys within the Unit and contract attorneys representing the Navajo Nation on water rights matters.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

See posts from January 17, 2020.

Reflections on Oral Argument in Brackeen v. Bernhardt

IMG_9734
Four Intervening Tribes Leadership and Attorneys

On Wednesday, an en banc panel of 16 judges in the Fifth Circuit heard oral arguments in Brackeen v. Bernhardt. Judges Davis and Ho were not a part of the panel. The other judges, from the left side of the bench around to the right were:

Oldham
Duncan
Willett
Higginson
Haynes
Elrod
Stewart
Smith
Owen
Jones
Wiener
Dennis
Southwick
Graves Jr.
Costa
Englehart

The rest of the information is from my notes during the hearing, and I’m sure contain some mistakes that we will see when a transcript is released.

Of the 16 judges, 5 of them asked a vast majority of the questions–more than 5 questions each. Duncan asked 19, Dennis and Jones asked 11, Smith asked 7 and Costa asked 5. The federal government received 11 questions, Navajo Nation 7, and the Four Intervening Tribes 7. Texas received 19, and the Individual Plaintiffs 16. The Four Intervening Tribes received 4 additional questions on rebuttal (totals are 25 for the pro-ICWA side before rebuttal and 36 for the anti-ICWA side).

If you are trying to follow along to the audio recording, Duncan was most concerned with commandeering and recent Supreme Court commandeering questions. He also pressed Navajo Nation closely on blood quantum. Smith was the one particularly trying to understand the “exclusive” part of plenary power, and later expressed the belief that Texas dedicates scores of social workers to each child in care. And Jones asked the questions on rebuttal that has led to the most number of texts from attorneys asking me “what the [heck]?!” (which I personally thought Adam Charnes handled admirably, given all the oxygen was completely sucked out of the courtroom in that minute by a collective intake of breath).

Dennis, the judge who wrote the lower panel opinion, was the one the plaintiffs had most difficulty hearing, and was the most supportive of the law. Costa also asked skeptical questions of the plaintiffs, and wanted to know more about redressability.

Given the silence or relative silence of so many judges, it is impossible to make any predictions about the eventual opinion. We heard very little from judges who voted against en banc review in Dollar General (the pro-tribe vote), except Dennis. Elrod and Higginson both asked one question each.

Finally, in a very unscientific scroll through Westlaw, the Fifth Circuit has taken anywhere from 3 months (Moore v. Quarterman) from the granting of en banc review to the opinion to 10 months (Alvarez v. Brownsville). The granting of en banc review of Brackeen was in 11/19, so feel free to speculate amongst yourselves when you think the opinion will come out.

IMG_9034
Déjà vu all over again

NNABA Bar Review Scholarship Now Open; Due Feb. 28, 2020

The National Native American Bar Association (NNABA) Foundation is pleased to announce the 2020 Bar Review Scholarship. The NNABA Foundation strives to foster the development of Native American lawyers. The Bar Review Scholarship is intended for Native applicants to the Bar at the critical time of the bar exam.

Applications are due February 28, 2020. Applicants must be Native American, Alaska Native, or Native Hawaiian; be an active member of NNABA, a regional American Indian bar association, or NALSA; and be intending to take the bar exam within the next year. Applicants must submit an application, a transcript, a resume, and a personal statement.

Please visit www.nativeamericanbar.org/foundation-scholarships for the full application criteria. Awardees will be honored at the NNABA Annual Meeting, taking place Sunday, April 5, 2020, at Sandia Pueblo, NM.

Wiring the Rez

The Rosette, LLP American Indian Economic Development Program at the Sandra Day O’Connor College of Law at Arizona State University will host its sixth annual Tribal Government E-Commerce CLE Conference January 30-31, 2020. The Indian Legal Program is pleased to announce two keynote speakers: Tara Sweeney, Assistant Secretary of Indian Affairs in the U.S. Department of Interior, and Kimberly Teehee, Cherokee Nation delegate-designate to the U.S. House of Representatives.

Wiring the Rez: Innovative Strategies for Business Development Via E-Commerce

January 30-31, 2020

Wild Horse Pass Hotel & Casino, Acacia Ballroom

5040 Wild Horse Pass Blvd, Chandler, AZ 85226

See full list of speakers and agenda, and register at law.asu.edu/wiringtherez.

Early rate ends Jan. 24.