Research – Page 210 – Turtle Talk

Friday Job Announcements

April 19, 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.

Michigan Indian Legal Services

Attorney, Traverse City, MI. The position will have an emphasis on will drafting, simple estate planning, and handling probate issues in communities in northern Michigan and in the upper peninsula. Please see the job description for more information.

The Suquamish Tribe

Realty Officer, Office of Community Development, Suquamish, WA. The Realty Officer position is responsible for performing trust realty functions for the tribal government. The Realty Officer will also assist Tribal Council in the acquisition of fee properties and maintaining all tribal land records, not only trust records. Application closes April 26, 2019. Please see the job description.

South Central Climate Adaptation Science Center

New Mexico Tribal Liaison, Albuquerque, NM. The liaison will be responsible for working closely with partners from a variety of Tribes and inter-tribal organizations in New Mexico to develop and deliver trainings on climate adaptation and related topics, provide support to communities seeking or engaged in adaptation activities, and work to identify and reduce barriers to implementing Tribal adaptation activities. Please see the job description for more information.

Grand Traverse Band of Ottawa & Chippewa Indians

Request for Proposal (RFP) for Public Defender for Criminal Cases in the Tribal Court, soliciting contractual-service proposals for a Public Defender to represent criminal defendants in in the Tribal Court for three (3) years. The Attorney must be familiar with Tribal laws and State of Michigan laws governing criminal laws. Deadline for Submission is 5:00 P.M. Wednesday, May 1, 2019.

Request for Proposal (RFP) for Public Defender for Special Domestic Violence Criminal Jurisdiction (SDVCJ) Cases in the Tribal Court. SDVCJ recognizes and reaffirms the inherent sovereign authority of the Tribe to exercise criminal jurisdiction over non-Indians who violate personal protection orders or commit domestic violence crimes against Indian victims within the Tribe’s Indian County. Deadline for Submission is 5:00 P.M. Wednesday, May 1, 2019.

Little River Holdings, LLC

Assistant Director, Manistee, MI. Working under the direction of the Board of Directors, this position is responsible for learning all aspects of the Economic Development Corporation and its subsidiaries. The Assistant Director will develop and promote economic initiatives and provide services to support entrepreneurship. The Assistant Director will also contribute to strengthening the tribal economy, and advancing the broader economic and community development goals of the Little River Band of Ottawa Indians as it aligns to the economic development strategy of the EDC. Application is open until filled. Please see the job description for more information.

Sonosky, Chambers, Sachse, Endreson, & Perry LLP

Summer Associate, Washington, D.C. We are currently recruiting incoming 2L students for 2020 summer associate positions. Interested applicants should contact Will Stephens, Partner at wstephens@sonosky.com (please also copy kwray@sonosky.com). Please send this information no later than Thursday, August 31, 2019. More detail about the firm is available at www.sonosky.com. Please see the job description for more information.

Picayune Rancheria of the Chukchansi Indians

Attorney, Oakhurst, CA. The tribal attorney serves as an in-house legal advisor, representative, and counselor. Ensures the adherence to applicable laws to protect and enhance tribal sovereignty, to avoid or prevent expensive legal disputes and litigation, and to protect the legal interests of the Picayune Rancheria of Chukchansi Indians (PRCI) tribal government. Maintains confidentiality of all privileged information. This position is open until filled. Please see the job description for more information.

Puyallup Tribe of Indians

Associate Judge, Tacoma, WA. Serves as hearing judge for the Puyallup Tribal Court in accordance with the tribal Judicial Administrative Code. The term of the Associate Judge shall be three (3) years from the date of appointment by the Tribal Council. A judge may be reappointed at the expiration of a term in the discretion of the Tribal Council. Application closes May 17, 2019. Please see the job description for more information.

Judicial Branch of the The 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.

Associate Attorney, Supreme Court of the Navajo Nation, Window Rock, AZ. This position provides a variety of legal advice, research and related legal services in support of the overall operation of the Navajo Nation Judicial Branch; assists with judicial administrative functions, such as researching and recommending policy changes and improvements for overall Judicial Branch. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.

Court Solicitor, Supreme Court of the Navajo Nation, Window Rock, AZ. This position provides a variety of legal advice, counseling, research and related legal services in support of the overall operation of the Navajo Nation Judicial Branch; assists with judicial administrative functions, such as recommending policy changes and improvements for overall Judicial Branch; shall supervise and oversee all licensed attorneys, law clerk, hearing officers, supreme court clerk, and law clerk interns of the Judicial Branch. For more information, please see the position description or to apply, visit http://www.navajocourts.org. 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.

See posts from April 12, 2019.

Cert Stage Briefing Completed on Carter v. Sweeney (frmly A.D. v. Washburn)[ICWA]

April 19, 2019Kate Fort

This is otherwise known as the Goldwater litigation, the second federal case filed back in 2015 in Arizona.

Documents are here

South Dakota Supreme Court Denies Transfer to Tribal Court [ICWA]

April 19, 2019Kate Fort

Here

The Tribe requested transfer and the child’s attorney objected. The trial court did not allow testimony regarding bonding and attachment from the child’s doctor. The Supreme Court held

With or without the 2016 regulations, though, circuit courts need the benefit of a sufficiently developed record to assist in the good cause determination. See A.O., 2017 S.D. 30, ¶ 13, 896 N.W.2d at 656; In re M.C., 504 N.W.2d 598, 601 (S.D. 1993). In both A.O. and M.C., we held that the circuit court should have conducted an evidentiary hearing before determining the motion to transfer jurisdiction. In the absence of a developed record, we are unable to conduct meaningful appellate review concerning the merits of the parties’ claims.

[¶17.] As it relates to this case, we conclude that the circuit court abused its discretion when it granted the Tribe’s motion to transfer without hearing the testimony of the child’s physician who was present in the courtroom. Relying upon the impromptu offer of proof by Child’s counsel, the court determined that Dr.
Whitney’s testimony was categorically irrelevant. We disagree.

The Court reversed and remanded for an evidentiary hearing.

National Indian Law Library Bulletin (4/18/2019)

April 19, 2019Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 4/18/19.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petition for certiorari was filed in this case on 4/10/19:
Allergan, Inc. v. Teva Pharmaceuticals USA, Inc. (Patents)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
United States v. Jones  (Sentencing)
Cain v. Salish Kootenai College, Inc.  (Tribal Colleges – Arm-of-the-Tribe)
Yselta Del Sur Pueblo v. City of El Paso  (Tribal Real Property)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
Mitchell v. Preston (Indian Child Welfare Act – Transfer to Tribal Court)
In Re.: A.G. A Minor Child (Indian Child Welfare Act – Transfer to Tribal Court)

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

The transformation of the Antiquities Act: A call for amending the President’s power regarding national monument designations.
Lobbying against the odds.
An “SDVCJ Fix” — Paths forward in tribal domestic violence jurisdiction.
Shooting down Oliphant: Self-defense as an answer to crime in Indian Country.
Indian children and the Fifth Amendment.
Congressional plenary power and Indigenous environmental stewardship: The limits of environmental federalism.
Tribal utility development energy development and services on tribal land.
Protecting all women: Tribal protection orders and required enforcement under VAWA.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature articles about consideration from Congress on tribal water rights issues.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were added:

S.1161: A bill to support the education of Indian children.
S.1216: A bill to amend the Internal Revenue Code of 1986 to permanently extend the depreciation rules for property used predominantly within an Indian reservation.
S.1180: A bill to extend the full Federal medical assistance percentage to urban Indian organizations.
S.1181: A bill to amend the Child Abuse Prevention and Treatment Act to provide for better protections for children raised in kinship families outside of the foster care system.
S.1211: A bill to provide for improvements to Tribal transportation facilities and Tribal transportation safety, and for other purposes.
S.1207: A bill to approve the settlement of the water rights claims of the Navajo Nation in Utah, and for other purposes.
S.1001: A bill to amend the Indian Health Care Improvement Act to allow the Indian Health Service to cover the cost of a copayment of and Indian or Alaska Native veteran receiving medical care or services from the Department of Veterans Affairs, and for other purposes.
H.Res.361: Promoting minority health awareness and supporting the goals and ideals of National Minority Health Month in April 2019, which include bringing attention to the health disparities faced by minority populations of the United States such as American Indians, Alaska Natives, Asian Americans, African Americans, Hispanics, and Native Hawaiians or other Pacific Islanders.

Federal Court Splits Liability under CERCLA for 19 Uranium Mines at Navajo

April 18, 2019Matthew L.M. Fletcher

Here are the materials in El Paso Natural Gas Co. LLC v. United States (D. Ariz.):

186 US Post-Trial Brief

187 El Paso Post-Trial Brief

203 US Reply

204 El Paso Reply

217 DCT Order

Prior posts here.

Maurisa Bell, NNALSA 3L of the Year

April 17, 2019Monica Williamson

Maurisa Bell grew up on the Wind River Reservation in Riverton, Wyoming. She is an enrolled member of the Eastern Shoshone Tribe and was also raised around her Northern Arapaho family. In 2015, she graduated from Montana State University in Bozeman, MT and completed the Pre-Law Summer Institute program during the summer of 2016. While in law school, Maurisa served as Vice President and Treasurer for the MSU-NALSA, an Area representative for National-NALSA, and volunteered as a student mentor for the Indigenous Law and Policy Center.

She spent her summers in Washington, D.C. working for the Department of Justice’s Office of Tribal Justice; the National Indian Gaming Commission; and Dentons, US LLP in their Native American Law and Policy practice group. She is a dedicated and driven leader who, in just a few weeks, will graduate from the Michigan State University College of Law.

Maurisa will work for Dentons upon graduation, pursuing her passion in helping tribes and tribal communities.

Congratulations, Maurisa!