Ninth Circuit Affirms Sentence Enhancement for Indian Country DV Conviction

Here is the opinion in United States v. Harrington.

NYTs: “In Indian Country, a Crisis of Missing Women. And a New One When They’re Found.”

Here.

HuffPo: “When Native Americans Are Told To ‘Go Back’ To Where They Came From”

Here.

Materials in Warm Springs Tribe Contract Dispute over Timber Revenues

Here are the materials so far in Confederated Tribes of the Warm Springs Reservation of Oregon v. Vanport International, Inc. (D. Or.):

1 Complaint

54 Warm Springs MSJ

65 Vanport Response

74 Reply

84 DCT Order

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.

 

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 and please see the position description for more information.

Prairie Island Indian Community

Paralegal, Welch, MN. A primary objective for the role is to improve, update and maintain a data and records management system. The closing date for this position is January 3, 2020. Please see the job description for more information.

Lewis Roca Rothgerber Christie

Indian Law Attorney, Phoenix, AZ. The Phoenix office of  is seeking an associate to join its Tribal Affairs practice.  The ideal candidate will have significant experience working on Federal Indian law and Indian Gaming matters. Posting will be open until filled. Please see the position description for more information.

 Makah Tribe

Pro Tem Judge RFP, Neah Bay, WA. The Makah Tribal Council invites proposals for interested parties to contract with the Makah Tribe to provide judicial services by acting as a Judge Pro Tem for the Makah Tribal Court in accordance with the Makah Tribe’s Law and Order Code. Closing Date: January 17, 2020 at 4:00p.m.

Tacoma Pro Bono

Contract Attorney, Tacoma, WA. This attorney will work for the Native American Law Aid Program, a civil legal aid program funded by a grant from the Puyallup Tribe of Indians.  The attorney will provide direct legal services, from brief advice to full representation, in a variety of civil matters in tribal, state, and administrative forums.  Applications are accepted through January 30, 2020.

Port Madison Enterprises (Suquamish Tribe)

Legal Office Administrator/Board Coordinator, Suquamish, WA. The Legal Office Administrator/Board Coordinator assists in the management and administration of Port Madison Enterprises Legal Department and Board of Directors operations. Position duties include providing administrative support to attorneys and paralegals, production and maintenance of corporate board meeting minutes and other records, managing document filing and organizational systems, and monitoring department expenses and budgets. This position is open until filled. The announcement and application materials are available here.

Please note that Friday Job Announcements will take a holiday pause next week.  See posts from December 13, 2019.

 

Nooksack Year-End Update

Here:

Adams v. Whatcom County

Plaintiff sues Whatcom County for Section 1983 civil rights violations associated with her imprisonment pursuant to a Tribal Court arrest warrant.

1-0. 10-31-19 Complaint

In re Z.A.G. (state court parenting suit)

Superior Court rules Tribal Court lacks jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.

9-13-19 Child Custody Motion – Adams v. Galindo

10-17-19 Order Granting Motion for Declaratory Relief – Galindo v Adams

Adams v. Dodge (state court tort suit)

Defendant Tribal Court Chief Judge Ray Dodge countersues Plaintiffs for libel.

9-17-19 Defendants’ Answer and Affirmative Defenses to First Amended Complaint and Defendant Dodge’s Counterclaim for Libel

Adams v. Dodge (Elfo) (federal habeas corpus suit)

Petitioner’s petition for ICRA writ of habeas corpus is amended by stipulation to name Nooksack Tribal Court Respondents, who move to dismiss.

 

12-0. 9-20-19 Respondents’ Return to Petition for Writ of Habeas Corpus and Motions for Dismissal

16. 10-14-19 Response to Respondents’ Return to Petition for Writ of Habeas Corpus and Motions for Dismissal

20. 10-16-19 Stipulation and Order

21-0. 10-18-19 Second Amended Petition for Habeas Corpus

25-0. 11-22-19 Respondents’ Return to Second Amended Petition for Writ of Habeas Corpus and Motion to Dismiss

28. 11-27-19 Respondent Judges Dodg and Majumdar’s Return to Second Amended Petition for Writ of Habeas Corpus

29. 12-9-19 Response to Respondents’ Return to Second Amended Petition for Writ of Habeas Corpus and Motion to Dismiss

Rabang v. Kelly (federal civil RICO suit/appeal)

Ninth Circuit further holds Rabang in abeyance, pending the appeal in Doucette.

41. 9-16-19 Order

Doucette v. Zinke (federal APA suit/appeal)

Plaintiff-Appellants notice their appeal to the Ninth Circuit

43. 8-30-19 Notice of Appeal

Tageant v. Ashby (state court tort suit)

Plaintiff amends her personal capacity suit against Nooksack Police Chief Mike Ashby.

12-13-19 Amended Complaint

 

National Indian Law Library Bulletin (12/18/2019)

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/index.html

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Petition for certiorari was granted in this case on 12/13/19:
McGirt v. Oklahoma (Indian Major Crimes Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Bay Mills Indian Community v. Whitmer (IGRA; Michigan Indian Land Claims Settlement Act)
Yurok Tribe v. Resighini Rancheria (Sovereign Immunity)
Rosales v. Dutschke (Indian Gaming; Rule 19)
Fitisemanu v. United States (Birthright Citizenship)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
State of Minnesota v. Bellcourt (Jurisdiction; Cross-Deputization Agreement)
State of Minnesota v. Northrup (Treaty Fishing Rights)

U.S. Legislation – 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html

  • S.3019 – Montana Water Rights Protection Act
  • S.3044 – A bill to amend the American’s Water Infrastructure Act of 2018 to expand the Indian reservation drinking water program, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html

  • Owning Geronimo but not Elmer McCurdy: The unique property status of Native American remains.

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

  • ‘A long journey for our people’: Little Shell Tribe of Chippewa Indians on cusp on federal recognition
  • Majority of U.S. states, 75 members of Congress and more than 30 organizations file amicus briefs in support of Native American families and children
  • U.S. Supreme Court accepts new Oklahoma case about Indian reservations
  • ‘We can help ourselves:’ Native women come together to confront high rates of maternal mortality
  • Environmental, nuclear worries force Prairie Island tribe to seek new lands
  • A Native law school ‘is something we need’
  • Muckleshoots among 30 tribes selected for expansion of program enhancing tribal access to national crime information databases
  • Hopes for bipartisan Montana water law in 2020
  • ‘It changed our lives’: Banished women fight Ute tribal leaders in federal court

Split Ninth Circuit Panel Affirms Dismissal of Muckleshoot U&A Appeal

Here is the opinion in Muckleshoot Indian Tribe v. Tulalip Tribes, subproceeding 17-02 of United States v. Washington.

Briefs here.

Oklahoma SCT Holds Tax on Video Game Machines Used at Cherokee Casinos is Preempted by Federal Law

Here is the opinion in Video Game Technologies v. Rogers County Board of Tax Roll Corrections.

Here is a related opinion involving machines at the Creek casinos, Video Game Technologies v. Tulsa County Board of Tax Roll Corrections.

2020 Pipeline to Law Initiative Announced!

Pipeline To Law Workshop 2020 flyer
Here is the flyer for the 2020 Pipeline to Law Initiative for Native American Students. Please share broadly with any prospective law school applicants!