Ninth Circuit Vacates Stillaguamish Effort to “Engineer” Jurisdiction in an Immunity Defense Case

Here is the opinion in Stillaguamish Tribe of Indians v. State of Washington.

Materials here.

Federal Court Dismisses Tort Claim against Tribal Casino for Lack of Diversity Jurisdiction

Here are the materials in Dettle v. Treasure Island Resort & Casino (D. Minn.):

11 amended complaint

24 motion to dismiss

31 response

38 magistrate report

41 letter to court

42 response to objection

43 dct order

Huy Request of UN Human Rights Committee Re: United States Religious Treatment of Indigenous Prisoners

Here:

huy submission to un human rights committee re united states 5th periodic review and indigenous prisoners’ religious freedoms

Federal Court Refuses to Dismiss APA Suit Re: Nooksack Special Council Election

Here are the materials from Doucette v. Zinke (W.D. Wash.):

9. 9-7-18 notice of motion and interior defedendants’ motion to dismiss; memorandum of points and authorites in support thereof

11. 10-1-18 plaintiffs’ response to interior defendants’ motion to dismiss

13. 10-5-18 reply memorandum re interior defendants’ motion to dismiss

15. 12-21-18 minute order denying interior defendants’ motion to dismiss

18. 1-3-19 first amended complaint for equitable relief

You’re invited to KU Law’s 23rd annual Tribal Law & Government Conference

The U.S. Supreme Court and the Future of Federal Indian Law

March 8, 2019 | 8:45 AM – 4:45 PM
University of Kansas School of Law
1535 W. 15th Street | Lawrence, KS
6.5 hours CLE pending in KS + MO ($60)

Registration opens in early February. Questions? Contact Rebecca Clayton at rclayton@ku.edu or visit law.ku.edu/tribal

Friday Job Announcements

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 a brief description of the position (which includes position title and location) as well as a PDF job announcement to indigenous@law.msu.edu.

Fond du Lac Band of Lake Superior Chippewa

Right of Way Specialist, Cloquet, MN.  The Right-of-Way Specialist, located at the Band’s Natural Resource/Tribal Court building, performs all tasks relating to trust and fee right-of-way activities for the Fond du Lac Band of Lake Superior Chippewa. This includes the subjects of deeds, leases, acquisitions, easements, mapping, surveying, legal descriptions, data management, document recording, planning, National Environmental Policy Act, land use, zoning, and project management. Please see the job description for more information and find the application here or email Lisa at lisashabaiash@fdlrez.com.

Michigan Indian Legal Services, Inc (MILS)

Staff Attorney, Traverse City, MI. MILS represents individuals, families, tribes and organizations in cases that span a range of tribal and federal Indian law cases. This position will focus on tribal and state law legal issues; with an emphasis on tribal court child welfare and criminal defense matters. This position will require overnight travel in the Upper Peninsula. Please see the job description for more information.

Little River Band of Ottawa Indians

Request for Proposals, Manistee, MI. Little River Band of Ottawa Indians Election Board would expect the Attorney to become familiar with election regulations and procedures, provide assistant for election disputes, and provide legal defense to actions initiated against the Election Board. Please see the description for more information. Proposals are due January 25, 2019.

Port Madison Enterprises

General Counsel, Suquamish, WA. The General Counsel oversees all legal advice and services, including outside counsel in providing such advice and services, to Port Madison Enterprises and its wholly owned subsidiaries on a broad range of legal and political matters arising in the operation of PME’s various businesses and interests. Please see the position description for more information.

Staff Attorney, Mission, SD. The Mission office serves the Rosebud Sioux Indian Reservation and Gregory, Jones, Mellette, Todd and Tripp counties in South Dakota. Applicants must be a bright, motivated, self-starter and have the tenacity to assume immediate practice responsibilities, including handling a significant caseload touching on many different areas of law. For more information, please see the job description. Closing date is February 28, 1019.

Managing Attorney, Eagle Butte, SD. Applicant must have at least one year’s experience in the practice of poverty law or Indian law, with trial and appellate experience in state and federal courts or two years’ experience in the general practice of law. For more information, please see the job description. Closing date is February 28, 1019.

Tlingit & Haida Indian Tribes of Alaska

Tribal Child Support Attorney, Juneau, AK. The Incumbent will provide legal services and representation to the Tlingit & Haida Tribal Child Support Department by preparing legal documents, drafting policy, reviewing cases, and more. Application Deadline is January 22, 2019, COB 4:30 p.m., electronic applications only.  Click on the position link to apply. For questions contact Human Resources: humanresources@ccthita-nsn.gov or call 907/463-7707. Please see the position description for more information.

Fredericks Peebles & Morgan LLP

Associate Attorney, Louisville, CO. Fredericks Peebles & Morgan LLP is a nationwide law firm dedicated to the representation of American Indian tribes and organizations. Our firm goes beyond basic legal services to include legislative and governmental issues, corporate and financial affairs, energy and tax issues as well as litigation in many forums, including state, federal, and tribal courts. Please see the job description for more information.

Morongo Band of Mission Indians

Tribal Attorney, Banning, CA. Under the direction of the In House Counsel, the Tribal Attorney shall represent the interests of the Morongo Tribe, Morongo Tribal Government, Morongo Tribal Administration, and Morongo Tribal programs, in matters such as construction, employment law and economic development. For more information please see the job description.

Water Protector Legal Collective (WPLC)

Executive Director, Mandan, ND. The WPLC is a non-profit organization providing legal support, advocacy, and knowledge sharing for Indigenous centered and guided environmental and climate justice movements. The Executive Director will have overall responsibility for the administrative, fiscal and programmatic health and effectiveness of the organization, managing WPLC’s resources soundly, and building WPLC’s overall public image. This position is open until filled. Please see the job description for more information.

Hoopa Valley Tribal Court

RFP, Northern California, 95526. The Hoopa Valley Tribal Court is soliciting proposals to develop, compose and facilitate a community needs assessment and strategic plan. These two deliverables are sequential and interlinked. The Hoopa Valley Tribe encourages Indian owned businesses and contractors to submit proposals and provides a preference. The proposal is due January 25, 2019. Please see the request for more information.

RFS, Northern California, 95526. Address the immediate and long-term needs of crime victims that best match each person’s needs and priorities. Our intended outcome is for victims and survivors to have access and services with low and no barriers. The Hoopa Valley Tribal Court is soliciting statements of intent from Indian owned economic enterprises/contractor(s) to respond to requests for qualifications. Please see the attachment for more information. The statement of intent is due January 28, 2019.

New Mexico Legal Aid (NMLA)

Executive Director, Albuquerque, NM. NMLA is committed to helping low income people in their struggle to access food, shelter, security and to preserve their unique cultural heritages. Applications will be accepted until the position is filled. In order to receive full consideration, candidates are urged to submit their materials by February 8, 2019. Please see the position description for more information.

Judicial Branch of the Navajo Nation

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 job posts from January 11, 2019.

Media Statements and News Articles on Fifth Circuit ICWA Case

Quote from Intervening Tribes Statement:

We applaud the broad coalition of federal lawmakers, attorneys general from 21
states, and 30 child welfare organizations who have joined 325 Tribal governments and 57 Tribal organizations in filing numerous amicus briefs with the U.S. Court of Appeals for the Fifth Circuit to defend the Constitutionality of the Indian Child Welfare Act (ICWA).

The past 96 hours have witnessed an unprecedented and overwhelming demonstration of support for ICWA and its constitutionality as a wave of amicus briefs were filed urging the Fifth Circuit to reverse the district court’s ruling in Brackeen v. Zinke, which erroneously deemed key provisions of ICWA as being
unconstitutional.

Passed more than 40 years ago by Congress, ICWA was designed to reverse decades of cultural insensitivity and political bias that had resulted in one-third of all Indian children being forcibly removed by the government from their families, their tribes and their cultural heritage.

ICWA ensures the best interests and wellbeing of Native American children are protected. ICWA preserves the stability and cohesion of Tribal families, Tribal communities and Tribal cultures. It maintains and reinforces the political and cultural connections between an Indian child and his or her tribe.

 

Statements here

Articles here (and some are behind paywalls)

2019 Lawrence R. Baca Lifetime Achievement Award – Call for Nominations

Please consider nominating someone for the Lawrence R. Baca Lifetime Achievement Award for 2019.

Past recipients of the Baca Lifetime Achievement Award include Lawrence Baca, Professor Phil Frickey, John Echohawk, Professor David Getches, Alan Taradash, Professor Carole E. Goldberg, Tom Fredericks, Walter Echo-Hawk, Arlinda Locklear, Professor Charles Wilkinson, Professor Bill Rice, Professor Rob Williams, Professor Eric Eberhard and Heather Kendall Miller.

The award will be presented at the FBA Indian Law Conference in Sandia, NM in April 2019. The recipient must be present to receive the award. The deadline for nominations is Friday, February 15, 2019.

Please submit nominations to the Indian Law Section Nominations and Awards Committee at lawrence.baca@yahoo.com with a cc to aalaghbari@fedbar.org. Nominations should specifically address how the nominee meets the criteria for the award outlined below.

Qualifications for Lawrence R. Baca Lifetime Achievement Award:

  1. Nominee must have worked in the field of Indian law for at least twenty years as a practitioner, judge, legislator, leader, scholar or educator;
    2. Be of good standing and held in high esteem in his or her professional arena;
    3. And have made significant contributions to the field of Indian law through litigation, development of legislation, scholarship or the development of Indian law students or through tribal leadership.

The nomination submission must include:

1. A nominating letter that specifically addresses in narrative form how the nominee meets each of the three Award criteria.
2. A current resume or vitae. Reference to a website where the information can be found is not accepted as a substitute for the written narrative or resume.

The nomination submission may also include:

  1. 1-3 letters of support for the nomination.
    2. Up to 3 articles about the nominee. Please do not include articles written by the nominee.

Updated Indian Law Bibliography by Patrick S. O’Donnell

Here, now titled “American Indians: Law, Politics, Culture — A Bibliography.”

Federal Judge Declines to Quash Subpoenas of Tribal General Counsel

Here are the materials in Wichtman v. Martorello (W.D. Mich.):

1-1 motion to quash

3 order