Research – Page 208 – Turtle Talk

Are you an American Indian or Alaska Native student who is enrolled in an undergraduate or graduate program AND are you interested in issues related to public safety, crime, and justice?

Would you like to learn how your education can be used to solve complex issues in these fields?

If so, the National Institute of Justice (NIJ) would like to help you explore science in criminal justice and public safety through conference scholarships!

To enhance diversity in the field of criminal justice, NIJ will support up to fifteen American Indian and Alaska Native students to attend a criminal justice-related conference to explore the role of science in solving complex problems to increase public safety. Attendance at these conferences will allow students to explore the ways their interest in science applies to crime and justice, and to meet researchers and practitioners currently engaged in similar work. Additionally, students will learn about innovative, evidence-based, and technological solutions to justice issues.

Applications are due on May 17, 2019. Please see the flyer or website for more information.

Saginaw Chippewa’s Claims re: Medicare-Like Rates Survive Blue Cross Motion to Dismiss

April 29, 2019Matthew L.M. Fletcher

Here are the materials on remand from the Sixth Circuit in Saginaw Chippewa Indian Tribe v. Blue Cross Blue Shield (E.D. Mich.):

142 BCBS Motion to Dismiss

144 Tribe Response

145 Reply

146 DCT Order

Prior posts here.

Friday Job Announcements

April 26, 2019Monica Williamson

Job vacancies are posted on Fridays. Any posts received prior to 12pm EST on Friday will appear in that Friday’s announcements. If you would like to submit a post for an open Indian law or leadership job, please send the following to indigenous@law.msu.edu:

A typed brief description of the position which includes position title, location, main duties, and closing date;
An attached PDF job announcement.

National Indian Health Board

Director of Congressional Relations, Washington D.C. – Capital Hill. Main responsibilities include advancing Tribal sovereignty and the Federal Government’s Trust Responsibility to Tribes for health care. Applications are reviewed on a rolling basis until a qualified candidate is secured. Send your application in one PDF to: jobs@nihb.org. Please see the description for more information and to apply.

Sitka Tribe of Alaska

The Legal Director/Realty Officer, Sitka, AK. This position is responsible for serving as the Legal Director of the Legal Department and providing services as the Realty Officer. This position supervises legal staff, oversees the budget, and works with the Tribal Attorney on all legal issues the Tribe is involved in with the eventual goal of being the Tribal Attorney. Please see the job description for more information.

Yavapai-Apache Nation

Associate Justice of the Appellate Court, Camp Verde, AZ. This position serves on a three-justice panel that hears appeals from the trial courts, will hear cases as part of the panel, and will write opinions as may be assigned by the Chief Justice. For more information please see the job description. Application closes May 10, 2019.

Prosecutor II, Camp Verde, AZ. This position investigates, evaluates and prosecutes juveniles and adults accused of violating the criminal laws of the Yavapai-Apache Nation. The Prosecutor also represents the Nation in dependency and neglect proceedings, including Indian Child Welfare proceedings, before tribal and state courts. For more information please see the job description. Application closes May 10, 2019.

Lummi Indian Business Council

Staff Attorney I, Office of the Reservation Attorney, Bellingham, WA. Duties may include representing the Nation primarily in state court proceedings involving Lummi children and youth, prosecution, and other staff attorney duties as assigned. Application closes May 8, 2019. For more information please see the job description.

The Native American Heritage Commission

RFP. Soliciting proposals for a qualified Contractor to provide oversight of the CalNAGPRA implementation activates and to draft CalNAGPRA implementation plan, regulations, and a current state report. The Native American Heritage Commission invites qualified candidates to review and respond to this Request for Proposal (RFP) – Secondary – RFP 2018-19 California Native American Graves Protection and Repatriation Act (CalNAGPRA). The RFP documents are accessed through CaleProcure as Event ID: 0000012549.

Navajo Nation Department of Justice

Summer Law Clerk, Navajo Nation, AZ. Seeking energetic and motivated candidates for multiple funded summer law clerk positions in the following areas of practice: Natural Resources, Tax and Finance, Litigation, Employment, and more. For more information please see the position description. Complete application packets must be received no later than 5 p.m. Mountain Time on May 31, 2019.

RFP, (2) ICWA Attorney, AZ. Seeking to contract with two attorneys licensed in the State of Arizona to represent the Navajo Nation in state child custody proceedings, commonly referred to as Indian Child Welfare Act (“ICWA”) cases. One attorney for the northern region of Arizona and one for the southern region. Proposal due Friday, May 17, 2019 at 5pm MT. For more information please see the proposal. Find the demographic form here.

Kalispel Tribe of Indians

Staff Attorney, Usk, WA. This position provides legal, general, and specific case management and assists the Senior Tribal Attorney, and other designated attorneys, with issues and activities concerning Tribal legal rights, obligations, and privileges with an emphasis in Health, Welfare, and Education issues including Indian Child Welfare and related issues.

Paralegal, Usk, WA. The paralegal will have a broad range of responsibilities including, but not limited to, managing various types of litigation (for example employment, contract and tort), assisting in the subpoena and discovery process, file and database management. For more information please see the job description.

Association of Village Council Presidents (AVCP)

Associate General Counsel, Bethel, AK. This position is responsible for in-house counsel duties, including drafting, reviewing, and negotiating contracts and advising departments in the area of human resource management, compliance, and risk management. The start date for this position is August 1, 2019. For more information please see the position description.

Midwest Environmental Advocates

Staff Attorney, Madison, WI. Seeking an experienced attorney to further our community-based approach to lawyering which involves collaboration with organizational partners as well as providing technical and legal assistance to community-based organizations and coalitions. Application deadline is May 14, 2019. Find more details here or see the job description.

Spirit Lake Tribe

Guardian Ad Litem, Fort Totten, ND. Assist in providing client services in a wide variety of fields, such as psychology, rehabilitation, or social work, including support for families. May assist clients in identifying and obtaining available benefits and social and community services. May assist social workers with developing, organizing, and conducting programs to prevent and resolve problems relevant to substance abuse, human relationships, rehabilitation, or dependent care. Please see the job description for more information.

Victim Witness Coordinator, Fort Totten, ND. The Coordinator is responsible for managing, coordinating, monitoring and providing case assistance for Juvenile Court and Adult Criminal Court cases within the Spirit Lake Tribal Prosecutor(s) and Juvenile Presenting Attorney(s) Offices. For more information please see the position description.

Juvenile Court Public Defender, Fort Totten, ND. Seeking a qualified attorney to carry out, on a contractor basis, the duties of the Juvenile Court Public Defender for the Spirit Lake Tribal Court. In addition to considering applications from individual attorneys, the Tribe is interested in and will consider proposals from law firms that would have one or more attorneys available to provide such services. For more information please see the position description.

EarthJustice

Associate Attorney, Bozeman, MT. Main responsibilities: Conducting legal research and preparing memoranda on issues relating to ongoing or potential litigation projects; Drafting motions, briefs and other pleadings; Preparing comments on proposed agency actions and environmental impact statements; Engaging with a variety of news and social media regarding our work; and more. The application is open until filled. Apply here and see the job description for more information.

DNA-People’s Legal Services, Inc.

• Managing Attorney, Public Defender, Keams Canyon, AZ
• Staff Attorney, Public Defender, Keams Canyon, AZ
• Managing Attorney (Civil), Keams Canyon, AZ
• Staff Attorney (Civil), Keams Canyon, AZ
• MLP Attorney, Tuba City, AZ
• Staff Attorney, Flagstaff, AZ
• (2) Staff Attorney, Farmington, NM
• MLP Managing Attorney, Farmington, NM
• Executive Assistant, Window Rock, AZ

Apply here or email Hresources@dnalegalservices.org. Address is: P.O. Box 765, Tuba City, AZ 86045, and business phone is: (928) 283-3206.

See posts from April 19, 2019.

Federal Court Denies Sanctions Request in Dismissed Intra-Tribal Leadership Dispute

April 26, 2019April 26, 2019Matthew L.M. Fletcher

Here are the materials in Tribal Council of the Cheyenne and Arapaho Tribes of Oklahoma v. Foster (W.D. Okla.):

1 Complaint

9 Notice of Voluntary Dismissal

13 Motion for Sanctions

13-5 Wilkinson v Hamilton Tribal Court Opinion

13-30 Hamilton v Election Commission Tribal Court Opinion

16 Notice of Voluntary Dismissal

17 Response to Motion for Sanctions

18 Reply

20 DCt Order

As Expected, Criminal Defendant Cites Brackeen to Attack Major Crimes Act

April 26, 2019February 25, 2020Matthew L.M. Fletcher

Here is the opening brief in United States v. Jim (10th Cir.):

Jim Opening Brief

appellee-brief-1.pdf

reply-5.pdf

An excerpt:

There is reason to believe that the Supreme Court may be open to revisiting its holding in Antelope, and may soon have the opportunity to cast doubt on the continued vitality of Antelope. In a case unrelated to the Major Crimes Act, the Court struck down a statute that created a voting qualification that, it said, used native Hawai’ian ancestry as “a proxy for race.” Rice v. Cayetano, 528 U.S. 495, 519-20 (2000). Most recently, and after Mr. Jim’s sentencing hearing in this case, a federal district court struck down the Indian Child Welfare Act as unconstitutional because of the race-based restrictions that it places on foster care and adoption. See Brackeen v. Zinke, 338 F. Supp. 3d 514 (N.D. Tex. 2018). The court focused on the fact that the statute based Indian classification on blood, and did not “rely on actual tribal membership,” to distinguish Mancari. Id. at 533. As is clear from the appellate docket in the Fifth Circuit, Case No. 18-11479, the district court’s ruling has generated significant interest among law makers, tribal governments, non-profits, and Indian law scholars, all of whom have submitted amicus briefs. The Fifth Circuit heard oral arguments in the case on March 13 of this year. See Docket entry of March 13, 2019, Brackeen v. Barnhard, app. pending, Case No. 18-11479 (5th Cir.); Andrew Westney, “Texas AG Lauds Child Welfare Ruling, but Tribes Cry Foul,” Law360 (March 4, 2019), at https://www.law360.com/articles/1134688. Ultimately, if the district court’s decision is preserved by the Supreme Court, that would significantly undermine Antelope and open the Major Crimes Act to challenge on these grounds.

Cert Petition in Jones v. Keitz [Criminal Prosection Arising from Chukchansi Casino Altercation]

April 26, 2019April 26, 2019Matthew L.M. Fletcher

Here is the petition:

Petition

Appendix

Question presented:

1. What facts must a plaintiff allege to state a claim for malicious prosecution against a California county and its sheriff under 42 U.S.C. § 1983, especially considering the heightened pleading standard this Court established in Ashcroft v. Iqbal, 556 U.S. 662 (2009)?

2. When a county sheriff is the country’s chief law enforcement officer, can a plaintiff hold a California County liable under Monell v. New York City Department of Social Services, 436 U.S. 658,694 (1978), by pleading he was wrongfully prosecuted based on an investigation led by the sheriff?

National Indian Law Library Bulletin (4/26/2019)

April 26, 2019Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 4/25/19.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petition for certiorari was filed in:
Carter v. Sweeney (Indian Child Welfare Act)
Petitions were denied in:
Wilson v. Horton’s Towing, et al. (Forfeiture)
McNeal, et ux. v. Navajo Nation (Indian Gaming Regulatory Act; Jurisdiction)

Read the latest Tribal Supreme Court Project update published on 4/23/19.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Gingras v. Think Finance, Inc.  (Lending; Tribal Sovereign Immunity)
Duanna Knighton v. Cedarville Rancheria of Northern Paiute Indians; Cedarville Rancheria Tribal Court; Patricia R. Lenzi  (Jurisdiction; Loans)
James Clay and Audrey Osceola v. Commissioner of Internal Revenue  (Tribal Sales Tax)
Sault Ste. Marie Tribe of Chippewa Indians v. David Bernhardt (Land into Trust)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
Navajo Nation v. Department of Child Safety (Indian Child Welfare Act – Expert Witnesses)
People in Interest of E.T. (Indian Child Welfare Act – Expert Witnesses; Indian Child Welfare Act – Transfer to Tribal Court)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2019.html
Deidra M. Scruggs v. Mashantucket Pequot Gaming Enterprise  (Personal Injury)
Gibson v. Colville Confederated Tribes (Jurisdiction; Employment; Immunity)
Jennifer Nolan v. Celia Paul and Barry Collins  (Child Custody)
Melissa Williams v. Colville Confederated Tribes  (Judges – Recusal)

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

Rising tides, rising obligations: enforcing tribal trust responsibility for climate change mitigation.
Deserving a place at the table: Effecting change in substantive environmental procedures in Indian Country.
Crossing state lines: The Trojan horse invasion of rent-a-bank and rent-a-tribe schemes in modern usury law.
Law, cultural heritage, and climate change in the United States.
A comparative analysis: Legal and historical analysis of protecting indigenous cultural rights involving land disputes in Japan, New Zealand, and Hawai’i.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature an article about tribal regulation of single-use plastics.