Wisconsin COA Rejects Claims of Taxpayers Who Didn’t Like That Indians Had Tax Immunity and Therefore Didn’t Want To Pay Taxes, Either

Here are the materials in Klein v. Wisconsin Dept. of Revenue (Wis. Ct. App.):

Opinion

Wisconsin Brief

Klein Brief

Reply

Eleventh Circuit Affirms Dismissal of Suit by Church Parishioners Against Seminole Tribe

Here is the unpublished opinion in Eglise Baptiste Bethanie De Ft. Lauderdale, Inc. v. Seminole Tribe of Florida. (PDF)

Briefs:

Appellant Brief

Seminole Brief

Aida Auguste Brief

Reply

Lower court materials here.

Job Announcements

To post an open Indian law or leadership job to Turtle Talk, send the following information 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.

Tohono O’odham Employment Rights Commission

Contracted Attorney (part-time), Tohono O’odham Nation, Sells, AZ.  Most services may be provided virtually by computer, with occasional trips to Sells, Arizona, located one-hour west of Tucson, Arizona.  The position is open until filled. Applicants must be licensed in Arizona. Applicants should email their resume, proof of Arizona law license, and letter of interest to Mr. Vernon Smith, Legislative Committee Staffer,  at Vernon.Smith@tonation-nsn.gov. Please see the job announcements for more information.

Havasupai Tribal Court

Tribal Public Defender, Supai, AZ. Provide legal representation in the Havasupai Tribal Court for Tribal Member clients in criminal, juvenile, mental health, dependency, and severance of parental rights cases, and perform related duties as required. Application closes August 31, 2020. Please see the job description for more information.

U.S. Attorney District of Alaska

Assistant United States Attorney, Criminal Division, Anchorage, AK. The successful candidate primarily will be responsible for handling the investigation and prosecution of federal crimes. This will include prosecuting cases such as fraud, embezzlement, other white collar crimes, as well as firearms offenses, drug crimes, child exploitation and other violent crimes. In addition, the candidate may also be called upon to assist in the prosecution of a wide variety of other criminal cases as needed to address the district’s priorities. Assistant United States Attorneys work their cases from inception through appeal, and thus, in addition to district court work, the successful candidate will be responsible for drafting appellate briefs and presenting oral arguments. First consideration for applications received by 9/2/20. Closing Date: 11/2/20. More information here and the job description.

Michigan Indian Legal Services

Staff Attorney, SW Michigan. The attorney will provide legal services to members of two tribes and their spouses under contracts with those tribes. Open until filled. Please see the position description for more information.

United South & Eastern Tribes, Inc.

Senior Policy Analyst, Washington, DC (remote work available temporarily). Conduct advocacy on behalf of the collective interests of member Tribal Nations before all branches of the federal government, as well as other partners both within and outside of Indian Country. Develop and maintain an on-going communication between USET SPF and these entities. This position is open until filled. The application link is https://www.usetinc.org/resources/job-opportunities/.

The Kalispel Tribe’s Legal Department

Natural and Trust Resources Attorney, Airway Heights, WA. This position provides legal representation in a broad range of areas concerning Tribal legal rights, obligations, and privileges with an emphasis on matters related to the Kalispel Tribe’s natural and trust resources including land acquisition and development. For the full job description and to apply, please visit the website. Visit our website to learn more about our Legal Team. For any questions, please feel free to reach out to Britaney Francis bfrancis@ktea.com. Open until position is filled.

The Pokagon Band Department of Social Services

RFP. The Pokagon Band Department of Social Services, through the Tribal Victim Services Set-Aside Program grant from the Office of Victims of Crimes (OVC) in the Department of Justice (DOJ), is seeking a vendor for a Community Assessment for the Pokagon Tribal Victim Services Set-Aside Program.  The open bidding period is July 31st-August 31st.

Lower Elwha Klallam Tribe

Associate Tribal Attorney, Office of Tribal Attorney (“OTA”), Port Angeles, WA, near Olympic National Park. OTA was established in 2008 and handles most of the Tribe’s legal workload while also supervising outside counsel. This is a new position and will be the third Attorney in OTA. Associate will have a significant caseload spanning the full spectrum of tribal legal work. Open until filled, but desire to fill ASAP. First review of applications on August 24. For details on how to apply, please click on position title to see attached announcement.

Judicial Branch of the Navajo Nation

Staff Attorney, Chinle Judicial District, Chinle AZThis 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, UTThis 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, AZThis 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.  ​

Rosette, LLP

Associate Attorney, Grand Rapids, MI. Advise tribes and tribally owned businesses on all things related to non-gaming economic development, including but not limited to the following: business entity creation and dissolution, corporate governance, contract review, conduct legal diligence necessary for real estate transactions and corporate acquisitions, compliance with tribal law, compliance with federal consumer protection law, and advise on appropriate corporate legal structures for acquisitions and new ventures. September 4, 2020.

See posts from August 1, 2020.

United States V. Acoma Ceremonial Shield Related Events

High Country News: here.
High Country News: related op-ed by Prof. Alan Hershey on the Native artifact market here.
Other post here.

Federal Court Holds Insurance Company Not Subject to Tribal Jurisdiction

Here is the order in Zurich American Insurance Company v. McPaul (D. Ariz.):

42 DCT Order

Briefs here.

Insurance Company Prevails over Saginaw Chippewa Indian Tribe in Suit Alleging Failure to Seek Medicare-Like Rates

Here are the materials in Saginaw Chippewa Indian Tribe v. Blue Cross Blue Shield (E.D. Mich.):

173 BCBS Motion for Summary Judgment

177 Response

178 Reply

197 DCT Order

Prior post here.

Update (2/2/2021):

199 Motion to Amend

201 Response

202 DCT Order

To’ Kee Skuy’ Soo Ney-Wo-Chek’ Progress Report — Year 1 of Study on M.M.I.W. In Northern California

Here.

Pro Se Prisoner Civil Rights Suit against Tribal Police Dismissed

Here are the materials in Lafley v. Adams (D. Mont.):

2 Complaint

4 Magistrate Report

6 Objection

7 DCT Order

National Indian Law Library Bulletin (8/5/2020)

Here:

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
A petition for certiorari was filed in one case on 7/27/20:
Nobles v. North Carolina (Indian Status; Criminal Jurisdiction)
A petition for habeas corpus was filed in one case on 6/17/20:
In Re Scott Louis YoungBear (Civil Rights Violations)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html

  • Oneida Nation v. Village of Hobart (Reservation Boundaries)
  • Stephen C. v. Bureau of Indian Education (Indian Education)
  • Landreth v. United States (Sovereign Immunity)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
In the Matter of the Adoption of B.B. (Indian Child Welfare Act)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2020.html

  • Section 5, Indian trust land acquisitions, and secretarial authority.
  • Navigating tribal opposition to permits for Great Lakes mining projects.
  • Upholding tribal treaties with the Clean Water Act.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • House committees approve Gallego bills to end copays and improve care for Native veterans
  • Trump’s pick to manage public lands has four-decade history of “overt racism” toward Native people
  • More than 1 thousand acres of Esselen ancestral land returned to tribe
  • Yurok Tribal Court, Sovereign Bodies Institute release progress report on pivotal project
  • Oklahoma State University College of Osteopathic Medicine at Cherokee Nation celebrates first class of medical school students during white coat ceremony
  • Unraveling the mystery of a stolen ceremonial shield
  • Feds open South Dakota office for MMIW cases
  • Turtle Mountain could be first North Dakota tribe to recognize same-sex marriage
  • Nunavummiut have to stay home, but their art continues to travel
  • $20 million gift to ABQ nonprofit will benefit thousands of Native American students
  • In 1920, Native women sought the vote. Here’s what’s next.

Oklahoma Criminal Appellate Court Asked to Address Impact of McGirt on Crime Committed on Chickasaw Reservation with Chickasaw Victims

Here are materials in Bosse v. State (Okla. Ct. Crim. App.):

Bosse Petition

Order Allowing McGirt Briefing

Bosse Brief

State Brief