Guardianship Case out of Nebraska [ICWA]

Here.

You have to love a court that starts the opinion so clearly:

The federal Indian Child Welfare Act (ICWA) and the Nebraska Indian Child Welfare Act (NICWA) provide specific procedures and requirements that apply in certain proceedings involving the custody and adoption of and termination of parental rights to Native American children. This case requires us to decide whether those procedures and requirements apply in a case in which a maternal grandmother sought to establish a guardianship for an Indian child over the objection of her daughter, the child’s mother. After interpreting the relevant statutory language, we conclude that the guardianship proceeding at issue was governed by ICWA and NICWA. In addition, we find that the grandmother did not make the showing required by ICWA and NICWA. We therefore reverse the order of the county court establishing the guardianship and remand the cause with directions to vacate the guardianship, dismiss the petition, and return custody to the child’s mother.

California COA Permits Possessory Tax on Leased Trust and Allotment Lands

Here are the materials in Herpel v. County of Riverside:

Opinion

Appellant Brief

Respondent Brief

Reply

Trial Court Order

House Oversight Committee Staff Report Accusing JUUL of Using Indian Country Vapers as Guinea Pigs

Here:

2020-02-04.rk-memo-re-juul.pdf

Citizen Potawatomi Nation and Muscogee (Creek) Nation Intervene in Oklahoma Gaming Compact Suit

Here are the updated materials in Cherokee Nation v. Stitt (W.D. Okla.):

21 Citizen Potawatomi Nation Motion to Intervene

21-1 Complaint in Intervention

23 Muscogee (Creek) Nation Motion to Intervene

23-1 Complaint in Intervention

28 DCT Order Granting Motions to Intervene

Prior posts here.

Cool Pro Hac Update from Ho-Chunk Nation

HCN has updated their own tribal rules of civil procedure to allow for a pro hac waiver in tribal court for child welfare cases:

(C) Counsel not admitted to practice before the Ho-Chunk Nation Courts, but seeking to appear on behalf of a federally recognized Indian tribe in a proceeding regarding a petition for guardianship or for child protection over a child who is a member of that tribe, or eligible for membership in that tribe, shall be permitted to appear without paying any fee. Counsel representing an Indian tribe in such a matter shall also be permitted to make their appearance without filing a motion for special appearance, provided that, at that appearance, said counsel states on the record that they are admitted to practice in another state, federal, or tribal jurisdiction; that they have been in actual practice for two or more years, and takes the oath or affirmation for practice. This rule shall not apply to attorneys who appear on behalf of the Ho-Chunk Nation.

HCN Civ. Pro. R. 16(c)

We’ve updated the pro hac page accordingly.  Obviously these are not ICWA pro hac waivers, but are related and can be used to show comity in this area.

Trying Again: Arizona Pro Hac ICWA Rule

Here.

Comments due by May 1.

If anyone has had any problems or concerns practicing in Arizona on an ICWA case, it would be good to highlight that.

Native Wholesale Supply v. California ex rel. Becerra Cert Petition

Here:

Native Wholesale Petition

Appendix

Questions presented:

1. Whether a contract for the purchase of goods entered into, and fully performed by, an Indian Tribe outside the exterior boundaries of the state in which the Tribe’s reservation is located can constitutionally subject the out of state vendor to the specific personal jurisdiction of the buyer’s state, under state laws purporting to regulate the sale of those goods in the buyer’s state.
2. Whether a state has specific personal jurisdiction to regulate a purchase of goods contract between an Indian on an Indian reservation outside the state and an Indian Tribe located within the state’s boundaries when the contract is performed on the
out of state Indian reservation.
3. Whether there is a constitutional or statutory right afforded to an Indian of one tribe to conduct business free from state regulation with an Indian of a different tribe, both of which are located in Indian country, under the Indian Commerce Clause.
4. Whether a tribally chartered corporation wholly owned by a member of a federally recognized Indian Tribe is an Indian for purposes of the protections afforded to Indians under federal law.

Lower court materials here.

Update:

Brief in Opposition

Reply

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.

Washington State Office of Administrative Hearings

Administrative Law Judge,  Olympia, Seattle, Spokane Valley, and Tacoma, WA. mainly preside over telephonic hearings but will also conduct in-person hearings for both pro se and represented parties. Interviews will be held in-person in Olympia and are anticipated to occur March 10-12. Application closes Monday, February 17, 2020 11:59PM Pacific Time. For more information please see the job description.

Pechanga Band of Luiseno Indians

Associate General Counsel, Temecula, CA. Provide legal services, representation and advice on legal issues confronting the Tribal Government, its entities and enterprises; provide guidance and assistance to Tribal Government departments; and provide limited service to tribal members in matters relating to tribal status. For more information, please see the job description.

Fredericks Peebles & Patterson LLP

Litigation Attorney, Louisville, CO.  Handle a range of civil cases through all stages of litigation in tribal, state and federal forums.  Experience with oil/gas, water law, environmental and commercial litigation is a plus. Please send a resume and references to Debra Foulk at dfoulk@ndnlaw.com by Friday, February 28, 2020. For more information please see the job description.

The Suquamish Tribe

Forestry Program Manager, Natural Resource Department, Suquamish, WA. The Program Manager manages and mentors program staff, updates and implements the Port Madison Indian Reservation Forest Management Plan, develops and manages program budgets and grants, evaluates program capacity and needs, and develops strategies to address priorities. This position is open until filled.

Earthjustice

Associate Attorney, Community Partnerships Program, Washington, D.C. The Associate Attorney position is a three-year position, with potential for extension. The Associate Attorney program is designed to help attorneys who are in the early stages of their careers to develop into thoughtful, professional, and effective advocates skilled in the various phases of public interest litigation.  Many Associates have gone on to other positions within Earthjustice and with other public interest organizations. For more information please see the position description.

Senior Counsel, Contracts and Compliance, San Francisco, CA. The Senior Counsel will be focused mainly implementing a contract management system, drafting contracts, conforming contracts to Earthjustice standards and helping to negotiate contract terms with vendors.  The Senior Counsel will also provide general support to the General Counsel’s office, potentially on a variety of subjects related to compliance and meeting law firm best management practices. Please see the position description for more information.

Confederate Colville Tribes

Chief Judge, Nespelem, WA. Responsible for maintaining a fair and just court system for the Confederated Tribes of the Colville Indian Reservation pursuant to the Constitution of the Confederated Tribes of the Colville Reservation. Closing date is 11:59 PM, Pacific Standard Time, February 28, 2020. Visit this link or see the job description for more information.

Environmental Law Institute

Research and Publications Intern, Washington D.C. Substantive areas of focus include domestic and international policy and law such as: land use, biodiversity, air quality, public health, hazardous waste and brownfields, wetlands and watershed, environmental justice, Indigenous issues, and more. Applications for the summer internship will be accepted until 11:59 pm EST Friday, March 6, 2020, and will be reviewed on a rolling basis. For more information please see the internship description.

WI Judicare Inc.

Executive Director, Wausau, WI.  The position will require day-to-day oversight o, including employment and supervision of staff members; setting fiscal policies pursuant to the Wisconsin Judicare, Inc. Board of Directors’ direction; managing grant compliance; submission of required reports, audits and tax returns; and ensuring appropriate fund balances are maintained. For more information please see the job description for more information.

Morongo Band of Mission Indians

Tribal Attorney, Banning, CA. Provide legal counsel on a range of issues as well as representation in tribal and state court regarding matters affecting the Morongo Tribal Government and its various departments, subject to the direct and oversight of the In-House General Counsel. Position is open until filled. Visit this link or see the description for more information.

Michigan Indian Legal Services

Part-time Attorney, Traverse City, MI. The focus of this position (around 30 hours a month) will be simple estate planning with individuals in the Native American communities throughout the state. Please see the position description for more information.

California Indian Legal Services

Staff Attorney, Sacramento, CA.  Legal assistance to low-income individuals and tribes on an extensive range of Indian law issues.  Duties will include research and writing, counsel and advice, representation in federal, state, and tribal court, and community outreach.  Open until filled.  See job description for more information.

Intake Advocate/Paralegal, Sacramento, CA.  Duties will include conducting client intakes, gathering information on potential Indian law issues, performing follow-up investigation and research, drafting client documents under attorney supervision, providing referrals, and administrative duties.  Open until filled.  See job description for more information.

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.

Tulalip Tribes of Washington

Staff Attorney, Tulalip, WA. The Office of Reservation Attorney representing the Tulalip government seeks an Attorney with their main assignment focusing on environmental, land use, leasing, planning and zoning, and litigation.  Closing date is February 28, 2020.  Please see the Job Announcement for all details regarding this position.

Pueblo of Laguna

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

Native American Agriculture Law Center

Staff Attorney, St. Paul, MN. NAALC is a national program of the Farmers’ Legal Action Group (FLAG) serving Native American farmers, ranchers, fishers, their communities, and their advocates. Applications will be accepted until March 6, 2020. The Staff Attorney could work from FLAG’s St. Paul office or potentially work remotely. For more information, please see the job description.

See posts from February 7, 2020.

D.C. Circuit Decides Narragansett Indian Tribal Historic Preservation Office v. FERC

Here is the opinion.

Briefs here.