Here are the materials so far in Jones v. Wildcat (E.D. Pa.):
2019.06.07-docket-1-complaint-with-exhibits.pdf
2019.08.30-docket-9-wildcat-mtd.pdf
Research
Improper Removal Case out of Washington Court of Appeals [ICWA]
Today I received a call that went something approximately like this:
Caller: “So with [25 U.S.C.] 1920 …”
Me: “Right, 1922, go on.”
Caller: “Um, ok, so with 1920 . . .”
Me: “I think you mean 1922?”
Caller: “I think I mean 1920?”
Reader, she absolutely meant 25 U.S.C. 1920, and also had the patience to hang in there with me and tell me about the following case:
Here is an opinion from the Washington Court of Appeals decided in January and published in April that I completely missed and is also the only and first case I’ve encountered in five years of reading (nearly) every ICWA case where the court used 25 U.S.C. 1920:
¶30 Both ICWA and WICWA have provisions for the appropriate remedy when an Indian child is improperly removed by the State from his or her home or the State improperly maintains custody. Under ICWA,
[w]here any petitioner in an Indian child custody proceeding before a State court has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over such petition and shall forthwith return the child to his parent or Indian custodian unless returning the child to his parent or custodian would subject the child to a substantial and immediate danger or threat of such danger.
25 U.S.C. § 1920. Similarly, under WICWA,
[i]f a petitioner in a child custody proceeding under this chapter has improperly removed the child from the custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall immediately return the child to the child’s parent or Indian custodian unless returning the child to the parent or Indian custodian would subject the child to substantial and immediate danger or threat of such danger.RCW 13.38.160.
¶31 Here, the Department has improperly maintained A.L.C’s placement in out-of-home care because the Department has failed to provide active efforts to prevent the breakup of the Indian family. The appropriate remedy is the remedy prescribed by statute. Thus, we remand to the juvenile court to either immediately return A.L.C. or make the statutorily required finding that returning A.L.C. will subject her to substantial and immediate danger or threat of such danger.
Emphasis added.
Domestic Violence and Indian Child Welfare Training
The training is November 1st, 2019 in Livingston, TX and will focus on Domestic Violence and its effects on Indian Children and Indian Child Welfare. Save the Date flyer here. You can register here.
Federal Court Grants Default Judgment in Federal Action to Enforce Section 184 Mortgage but Requires Gov’t to Answer Tribe’s Affirmative Defenses
Here are the materials in United States v. Estate of Gallegos (D.S.D.):
6-oglala-sioux-tribe-answer.pdf
Ninth Circuit Decides Protect Our Communities v. LaCounte [Wind Energy and Eagle Protection]
Seventh Circuit Briefs in Oneida v. Hobart
Here are the briefs in Oneida Nation v. Village of Hobart:
Lower court materials here.
Minnesota Launches MMIW Task Force
Advocates and public health researchers say a lack of data as well as shortfalls in law enforcement’s handling and prosecution of such cases have hindered efforts to address the issue. The Missing and Murdered Indigenous Women Task Force is meant to help fill those gaps.
Members of the panel will spend the next 15 months examining the causes behind the violence and then make recommendations to help victims and their families heal. The commission’s mandate includes a review of data collection and the current policies at institutions ranging from child welfare services to coroners’ offices.
Today is 25th Anniversary of Pokagon Band Potawatomi, Little Traverse Odawa, and Little River Ottawa Federal Acknowledgment Statutes
public-law-103-323.pdf [Pokagon Band Restoration Act]
public-law-103-324-2.pdf [LTBB/LRB Reaffirmation Act]
1993-house-committee-hearing.pdf
Edweying Naabing Panel on Educational Sovereignty
Friday Job Announcements
Please read our recent post about the requirements for Turtle Talk Friday Job Announcements. Thank you!
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:
- In the email body, a typed brief description of the position which includes position title, location (city, state), main duties, and closing date;
- An attached PDF job announcement.
Please send all job announcements in this requested format.
Navajo Nation
Staff Attorney, Chinle Judicial District, Chinle AZ. This 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, UT. This 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.
Associate Justice, Supreme Court of the Navajo Nation, Window Rock, AZ. This position shall perform work of unusual difficulty, hear arguments, read briefs and conduct research necessary to pass judgment and issue rulings on cases brought before the Navajo Nation Supreme Court. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.
Confederated Tribes of the Umatilla Indian Reservation
Tribal Legal Aid Attorney, Pendleton, O.R. CTUIR is looking for an Tribal Legal Aid Attorney. The Intimate Partner Violence Survivors (IPVS) Attorney will serve women suffering from or at risk for any of the following: domestic violence, dating violence, sexual assault, stalking or trafficking. The IPVS Attorney will advise and ifnecessary represent eligible clients as they-exercise their legal rights to be free from and protected against perpetrators of Domestic Violence (DV). The IPVS Attomey will also develop programmatic materials as needed prioritizing legal materials and resources, and enhance existing legal services to eligible clients. For more information, including application deadline, please visit the announcement.
Passamaquoddy Tribe
Prosecuting Attorney, Perry, M.E. The Passamaquoddy Tribal Court at Pleasant Point is seeking applications to fill a 4 year Contract Position for a Prosecuting Attorney. The successful candidate must be in good standings with the Maine Bar and apply to the Passamaquoddy Bar. For additional information please call: 207-853-5151. Please provide a Curriculum Vitae and Cover Letter to: Pleasant Point Tribal Court PO Box 343 Perry, ME 04667. Deadline for Applications: Friday, October 11, 2019.
Chief Judge, Perry, M.E. The Passamaquoddy Tribal Court at Pleasant Point is seeking applications to fill a 4 year Contract position for the Chief Judge. The successful candidate must be in good standings with the Maine Bar Association and Apply to the Passamaquoddy Tribal Bar. For additional information please call: 207-853-5151 Please provide a Curriculum Vitae and Cover Letter to: Pleasant Point Tribal Court PO Box 343 Perry, ME 04667. Deadline for Applications: Friday, October 11, 2019.
Judge, Perry, M.E. The Passamaquoddy Tribe at Pleasant Point Healing to Wellness Program is looking for a Wellness Court Judge to preside over court cases throughout a participant’s healing journey. The successful candidate shall be familiar with the appropriate court processes and procedures, in addition to the role of supporter, motivator, and champion in a less adversarial arena of Wellness Court. Is able to demonstrate commitment to promote wellness for each participant. This is a contract position. Must be an active member of the Maine Bar Association and in Good Standing. Must possess knowledge of judicial procedures and rules. Also applicant would need to apply for Passamaquoddy Bar. Training/Knowledge in Healing to Wellness Court is strongly recommended. A Curriculum Vitae along with a Cover Letter are required in order to be considered. Send requested information to: Wellness Court Director at Pleasant Point, PO Box 343 Perry, ME 04667. For further info call: 207-853-5166. Deadline for Applications: Friday, October 11, 2019.
Prosecutor, Perry, M.E. The Passamaquoddy Tribe at Pleasant Point Healing to Wellness Program is looking for and enthusiastic and highly ethical trial lawyer to fill its Prosecutor position. The successful candidate shall be skilled at disputing case and possess excellent communication skills. She/He must maintain communication/connection between Court/Team Partners, gathers date for Court/Team prior to Staffing. Must be and active member of the Maine Bar Association and Good Standing. Must possess knowledge of judicial procedures and rules, also applicant will need to apply for Passamaquoddy Bar. Training/Knowledge in Healing to Wellness Court is strongly recommend. A Curriculum Vitae along with a Cover Letter are required in order to be considered. Send requested information to Wellness Court Director, PO Box 343, Perry, ME 04667. Please Call 207-853-5166 for and further information. Deadline for Applications: Friday, October 11, 2019.
Frederick Peebles & Patterson LLP
Summer Law Clerk, FPP is seeking applications from second year law students for 2020 Summer Law Clerks for offices in Louisville, Colorado; Rapid City, South Dakota; and Sacramento, California. Applicants must be enrolled in an ABA accredited law school. Experience or coursework in tribal and Federal Indian Law is strongly preferred. Applicants must also possess excellent analytical, research and communication skills, and the ability to work independently and as a team member in a fast-paced environment. FPP offers a competitive hourly wage for a 10-week summer position. Applicants should e-mail a cover letter, resume, a writing sample, and law school transcript to lawclerk@ndnlaw.com by Friday, October 18, 2019. The cover letter should indicate your preference for each FPP office location by completing the chart below (i.e., #1 is for the top location preference followed by 2, and 3. If you are not applying for consideration at a particular office location please note N/A).
Mescalero Apache Tribe
Public Defender, Mescalero, N.M. The Public Defender will represent defendants in criminal proceedings filed in the Mescalero Apache Tribal Court. The Public Defender will work to resolve matters in an ethical and professional manner. The Public Defender will oversee Office of the Public Defender staff. A full job description will be provided upon request. Position is open until filled. Please see the announcement for more information.
Sisseton Wahpeton Oyate
In-House Attorney, Agency Village, S.D. Under the administrative direction of the Tribal Chairman, the In-House Attorney provides practical and wide-ranging legal advice to the Executives, Tribal Council, departments, agencies, boards and committees and represents the Tribe in Tribal, State, and Federal Courts and hearings. Position open until filled. Please see the announcement for more information.
Michigan State University
Associate Professor Tenure Track, East Lansing, M.I. Michigan State University College of Law invites applications from entry-level and lateral candidates for full-time, tenure-track faculty positions with an expected start date of July 1, 2020. We welcome applications from candidates across all areas of law, although subject areas of particular interest include agricultural and food law, civil rights, commercial and corporate law, criminal law, family law, health care law and policy, race and the law, sports law, and tax. The Law College seeks applicants with a commitment to excellence in teaching and scholarly achievement. The position is open to both lateral and entry-level candidates. Applications close on October 11, 2019.
Assistant Professor/ Librarian, East Lansing, M.I. The Director of the Law Library reports to the Law College Dean and will play a key managerial role in the life of the Law College by participating in law school administration and annual budget planning, by representing the Law College in a vibrant university environment, by working collaboratively with MSU Libraries, and by creating and advocating a strategic library vision. Leadership skills, combined with intellectual acuity and a strong system of academic values, are key attributes of the Director. The successful candidate will have a demonstrated expertise in technology, a reputation among peers for leadership and outstanding professional achievement, as well as a strong commitment to supporting faculty research and the larger mission of the Law College and University. Depending on qualifications and experience, the candidate will be hired as tenure-system or fixed term faculty. Applications close on October 11, 2019.
Executive Assistant to the Associate Dean, East Lansing, M.I. The Executive Assistant is responsible for critical, high-level administrative projects primarily to assist the Associate Dean for Academic Affairs, the Associate Dean for Finance and Administration, and also from time to time the Dean; and works collaboratively with faculty and staff to facilitate and complete various projects. Applications close on September 22, 2019.
ACLU
Legal Director, Sioux Falls, S.D. Reporting to the Executive Director of the Chapter Office, the Legal Director will lead and expand the ACLU legal program across South Dakota, North Dakota, and Wyoming, including developing and litigating high-impact cases and managing the legal department. The Legal Director will be responsible for setting the overall legal strategy to advance the ACLU of SD/ND/WY mission, as well as handling the day-to-day management of legal staff and cooperating attorneys. As a critical member of the office’s senior management team, the Legal Director will provide strategic leadership on both litigation and non-litigation legal advocacy in priority areas of criminal justice, immigrants’ rights, indigenous justice, and LGBTQ equality, as well as other areas including First Amendment rights. Please see the website/announcement for more information.
Indigenous Justice Attorney, Albuquerque, N.M. The American Civil Liberties Union of New Mexico (ACLU-NM) seeks an experienced attorney to carry out litigation, advocacy, and outreach to advance justice and liberty for Indigenous people in New Mexico. This is a unique opportunity to work in concert with Indigenous communities to dismantle the systems of racism and oppression that make Native Americans among the most marginalized racial groups in our state. This position will work with other leaders in the organization to ensure that our priority advocacy efforts center the voices of impacted people and address the most pressing civil rights challenges facing Indigenous communities. Please see the website/announcement for more information.
See posts from September 13, 2019.
Please read our recent post about the requirements for Turtle Talk Friday Job Announcements. Thank you!
Turtle Talk 
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