Here.
I think the most useful document on this page is the second one that identifies and updates current state practices. You can download it as a PDF, but they are updating it regularly enough that it is probably worth going to the website each time.
I’ve added it to the TT COVID Child Welfare page
Here is the order in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):
More details later.
The Trump administration and the Indian Health Service must also stop telling tribal leaders that test kits are “readily available” at our health centers. They aren’t. As of last Friday, my tribe had the ability to administer five tests. This is wholly inadequate. Other tribal leaders I’ve spoken to have even fewer. The federal government must make test kits as accessible to indigenous Americans as they are to National Basketball Association franchises, some of which have been able to test players and staff.
Our communal way of life can be dangerous in today’s circumstances — but keeping our distance from each other over time will become untenable. Indigenous Americans must not once again pay the price for the mistakes of others.
You are invited to a Zoom webinar.
When: Mar 25, 2020 01:00 PM Mountain Time (US and Canada)
Topic: Administering Justice in Tribal Courts During the COVID-19 Pandemic: A Virtual Talking Circle
Register in advance for this webinar:
https://zoom.us/webinar/register/WN_c-fyUIRORkKfx9xZ8q6zHg
After registering, you will receive a confirmation email containing information about joining the webinar.
HERE.
I’m starting to get a lot of calls and emails about how child welfare cases are being handled during shut downs. As you might imagine, it’s going about as well as you might imagine (not well). I don’t have any answers, but I do have a lot of notices and orders from the states. It appears that the variance in practice between counties is going to be even larger than usual (the communication from California is confusing, but that’s the upshot). I’ve created a page where I posted documents I’ve received from the states about this issue. I’m also still in communication with people on how to handle the legal aftermath.
I will also try to remember to do a post whenever I add to the page.
Also, NAICJA is having a tribal court webinar TODAY about tribal court work
ETA: We’ve also been asked to host general tribal governance and tribal court documents, which will be on a different linked page.
From the Conversation, here is “Tribal leaders face great need and don’t have enough resources to respond to the coronavirus pandemic.”
Here:
Questions presented:
1. Whether the Ninth Circuit correctly holds that tribal jurisdiction over nonmembers is established whenever a Montana exception is met, or whether, as the Seventh and Eighth Circuits have held, a court must also determine that the exercise of such jurisdiction stems from the tribe’s inherent authority to set conditions on entry, preserve tribal self-government, or control internal relations.
2. Whether the Ninth Circuit has construed the Montana exceptions to swallow the general rule that tribes lack jurisdiction over nonmembers.
Lower court materials here.
Update:
Please enjoy this Saturday edition of 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:
Please send all job announcements in this requested format. For examples, see the job announcements below.
Kickapoo Traditional Tribe of Texas
Legislative Paralegal, Eagle Pass, TX. Assist lawyers by investigating facts, preparing legal documents, or researching legal precedent. Conduct research to support a legal proceeding, to formulate a defense, or to initiate legal action. This is a full time position. Employment Applications may be submitted in person or you may fill out an application and find more information at kickapootexas.org.
Omaha Tribe of Nebraska
Attorney General, Macy, Nebraska. Responsible for protecting all Tribal assets, defending the integrity of the Tribe, assisting and advising all Tribal entities in their pursuit of progress on behalf of Tribal members, and managing and providing legal services and representation to the Tribe, the Tribal Council, the Tribal Government, and its Tribal Entities. Application closes March 27, 2020. Please see the position description for more information.
Tribal Prosecutor, Macy, Nebraska. Shall prosecute all criminal matters in the name of the Omaha Tribe of Nebraska, making independent decisions on whether to file formal charges, the nature of those charges, whether to recommend plea bargains and trying both jury and non-jury cases. Application closes March 27, 2020. Please see the position description for more information.
Colorado River Indian Tribes
Associate Judge, Parker, AZ. Responsible for fairly and impartially hearing and deciding judicial cases and matters within the jurisdiction of the Colorado River Indian Tribes Tribal Court pursuant to the CRIT Tribal Laws, Codes, Rules and regulations as assigned by Chief Judge. Closing date is 5:00 pm, Friday, April 17, 2020.
Chief Judge, Parker, AZ. Responsible to preside over daily Court sessions when the court is hearing arguments and during its private conferences when it is discussing and deciding cases. The Court shall exercise subject matter and personal jurisdiction to the greatest extent permitted by the laws of the United States, including but not limited to civil jurisdiction over all persons found within the Colorado River Indian Tribes Reservation and over persons or entities who commit a tortious act or transact business within the territorial jurisdiction of the Court. Closing date is 5:00 pm, Friday, April 17, 2020.
Native American Rights Fund
Staff Attorney, Boulder, CO, Anchorage, AK, or Washington, DC. NARF is looking for an experienced attorney with excellent research, writing, and advocacy skills to assume a litigation docket. Application closes March 31, 2020. Please see the position description for more information and apply here.
Washington State Office of Administrative Hearings
Division Chief Administrative Law Judge, Seattle, WA. This recruitment is open to current OAH ALJs and those outside the agency who are interested in joining our team. Please apply online at www.careers.wa.gov. Application closes Sunday, March 29, 2020, 11:59 PM Pacific Time.
Senior Administrative Law Judge, Tacoma, WA. The Tacoma Field Office team’s caseload includes cases from, but is not limited to, the Washington State: Employment Security Department (Unemployment Insurance, and Paid Family & Medical Leave), Public Employee Benefits Board, Health Care Authority, Department of Transportation, and Liquor & Cannabis Board. Please apply online at www.careers.wa.gov. Application closes Sunday, March 29, 2020, 11:59 PM Pacific Time.
Michigan State University College of Law
Office Coordinator, East Lansing MI. The Law College Office of Admissions & Financial Aid is seeking a highly motivated, collaborative, and outgoing coordinator to provide high-quality service and administrative support. The deadline for applications is Tuesday, March 24, 2020. Please see the position description for more information.
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 March 13, 2020.
In the New York Times, here.
Kevin is a great friend to Turtle Talk. We wish him the very best.
Turtle Talk 
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