Here is the order in Agua Caliente Band of Cahuilla Indians v. Munchkin (D.D.C.):
More materials here.
Research
Second Circuit Briefs in Seneca Nation of Indians v. State of New York [gaming dispute arbitration award]
D.C. Circuit Affirms Interior’s Cancellation of Oil & Gas Lease at Badger-Two Medicine Area
Ninth Circuit Decides Winnemucca Indian Colony v. United States [leadership dispute]
Here is the unpublished opinion in Winnemucca Indian Colony v. United States.
Briefs here.
Bostock v. Clayton County Opinion
Just ‘cuz it seems the SCOTUS webpage is overwhelmed:
“Black Families Matter” -Marty Guggenheim in the Chronicle for Social Change on Ending ASFA
Here.
These statements, however, have thus far only been focused on the need to change the means by which we exercise the police power in this country. It is, perhaps, too easy for child welfare organizations to attack a problem they have not played a significant role in creating. But these same groups have not yet turned their eyes inward to ask whether and how the system they helped build is also deeply shaped by racism.
This is a moment that also must focus on how we exercise the parens patriae power in this country (the power of the state to protect the vulnerable). This starts with a major overhaul of the Adoption and Safe Families Act, often referred to by its initials ASFA, which was signed into law in 1997.
With certain exceptions that states too often ignore, ASFA requires that child welfare agencies seek to terminate the parental rights of children whenever they have been in foster for 15 of the most recent 22 months. Courts are instructed to terminate parental rights unless the parent can show that the conditions that led to the removal initially no longer exist. The law has been responsible for the massive destruction of black and brown families. More than 2 million children’s parents’ rights have been terminated by American courts since ASFA was enacted.
This is not about the intentions of those who developed the system we have. It is about listening to the people it harms. It is an unpleasant truth that many of the organizations whose collective voice is condemning racist police practices now have for decades celebrated the approach enshrined in law by ASFA, some by explicitly celebrating adoption and others using the euphemism “permanency.”
Navajo Prevails on Damages Amount in 2014 Tribal Court Funding
Here are the materials in Navajo Nation v. Bernhardt (D.D.C.):
37 Federal Memorandum on Entry of Judgment
44 Navajo Memorandum on Damages
Prior post here.
Wyoming Court Confirms Clayvin Herrera’s Conviction for Hunting at Bighorn National Forest on Issue Preclusion Grounds
Here is the order in Wyoming v. Herrera:
Herrera Circuit Court Remand Order
The case is on remand from the Supreme Court (decision here).
Friday Job Announcements
To post an open Indian law or leadership job to Turtle Talk, send the following information to indigenous@law.msu.edu:
- 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;
- An attached PDF job announcement.
Standing Rock Sioux Tribe
Associate Chief Judge, Fort Yates, ND. Preside over cases in the Children’s, Civil and Criminal Court as assigned by the Chief Judge. Responsible for drafting opinions, ruling on evidentiary issues and discharging the duties of a Judge. The position is open until filled. Submit cover letter, resume, proof of Bar membership to Dellis Agard, SRST Court Administrator at dagard@standingrock.org.
Chief Prosecutor, Fort Yates, ND. Responsible for representing the Tribe in all criminal proceedings in the criminal court or the Children’s Court, Traffic Court. The Chief Prosecutor will also represent the Tribe or Individuals petitioning for Involuntary Commitments. Limited representation in Abuse and Neglect proceedings in Children’s Court. The Chief Prosecutor reports to the SRST Judicial Committee. The term of office and salary are negotiable. The position is open until filled. Submit cover letter, resume, proof of Bar membership to Dellis Agard, SRST Court Administrator at dagard@standingrock.org.
Assistant Tribal Prosecutor, Fort Yates, ND. Responsible for representing the Tribe in all criminal proceedings in the criminal court or the Children’s Court, Traffic Court. The Assistant Tribal Prosecutor will also represent the Tribe or Individuals petitioning for Involuntary Commitments. Limited representation in Abuse and Neglect proceedings in Children’s Court. The Assistant Tribal Prosecutor reports to the Chief Prosecutor. The term of office and salary are negotiable. The position is open until filled. Submit cover letter, resume, proof of Bar membership to Dellis Agard, SRST Court Administrator at dagard@standingrock.org.
Native American Rights Fund
Post Graduation Fellowships, Boulder, Colorado; Anchorage, Alaska; and Washington, D.C. Law students beginning their third year, recent law school graduates, and those with judicial clerkships are invited to apply for sponsorship for a post graduate fellowship in any of its three offices. Applications are due Monday, June 29, 2020.
The National Indian Health Board (NIHB)
Policy Analyst, Washington, D.C. Support tracking and responding to federal health policies and regulations as they impact Indian Country. The Policy Analyst will have both internal and external facing responsibilities grounded in serving the nation’s Tribes to advance the mission of NIHB through excellence in regulatory tracking, policy, advocacy, outreach, technical assistance, research, and related projects. The position is open until filled and based out of our office in the Capitol Hill neighborhood, just steps from the Eastern Market Metro stop. For more information and to apply, please see the job description.
Managing Attorney, Flagstaff, AZ. Under the supervision of a Senior Attorney, the Managing attorney leads an office or unit to ensure that clients receive the full range of high-quality legal services; engages with client and community groups, local stake holders, bar associations, and governmental associations to: identify, assess, and meet client and community legal needs; participate in community outreach, training programs, and client education events; and more. This position is open until filled. See the position description or website for more information.
Staff Attorney, Arizona and New Mexico. Provide the full range of high-quality legal services to DNA clients; participate in community outreach, training programs, and client education events; participate in remote, local, or online intake; and more. This position is open until filled. See the position or website for more information.
New Mexico Legal Aid Native American Program
Managing Attorney, Santa Ana Pueblo, NM. The Native American Program provides free legal services to eligible low-income Native Americans living on or near 19 Pueblos and the Mescalero Apache tribe in New Mexico. The Managing Attorney will supervise attorneys, paralegals and other staff and volunteers, handle administrative duties, and work in close collaboration with other members of NMLA’s management team. The Managing Attorney also will handle cases as sole counsel or co-counsel. The Managing Attorney will be active in local bar and community activities, and will participate in community education and outreach to eligible clients. Application closes June 30, 2020. Send a resume and letter of interest explaining what you would like to accomplish if you are selected for this position to: jobs@nmlegalaid.org. See the position description for more information.
Wind River Tribal Court
Chief Judge, Fort Washakie, WY. The Chief Judge of the Tribal Court has a high degree of personal responsibility for sound, independent judgement and for decisions concerning the total scope of the Tribal Court Program. Serves as the Chief Judge for the Court established and recognized by the Eastern Shoshone and Northern Arapaho Tribes in accordance with Law and Order Code. The Chief Judge serves by appointment of the Wind Inter-Tribal Council for a term not exceeding four (4) years, as set forth in the Law and Order Code. Contact holly@writc.org or call 307-335-2046 to obtain an application from the Wind River Inter-Tribal Council Human Resource Office. This position is open until filled.
Hobbs, Straus, Dean & Walker, LLP
Legislative Analyst, Washington, DC. Hobbs, Straus, Dean & Walker, LLP, a national law firm dedicated to promoting and defending the interests of Indian tribal governments and organizations, seeks a non-attorney Legislative Analyst to work in its Washington, DC office. This position is open until filled. Please see the position description for more information and how to apply.
Swanson, Drobnick & Tousey, P.C.
Associate Attorney, Woodbury, MN. The Associate Attorney will represent individuals, businesses and tribes in a wide variety of legal matters, including family law, criminal, child protection, business and governance, and may travel throughout Minnesota and Wisconsin to meet the needs of our clients. The position is open until filled. Submit cover letter and resume to Heidi A. Drobnick at hdrobnick@sdtlaw.com. Writing samples and references will be requested on a case-by-case basis.
See posts from June 11, 2020.
Federal Court Rejects Prairie Band Potawatomi’s Effort to Stop Distribution of Remaining CARES Act Funds
Here are the materials in Prairie Band Potawatomi Nation v. Mnuchin (D.D.C.):
19-1 Agua Caliente Plaintiffs Amicus Brief
Prior post here.
Turtle Talk 
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