NCJFCJ Statement Supporting ICWA

The National Council of Juvenile and Family Court Judges, one of the oldest and largest judicial membership organizations in the country serving an estimated 30,000 professionals in the juvenile and family justice system has released a statement supporting ICWA.

The full statement is available here 

The Honorable John J. Romero, Jr.  President, National Council of Juvenile and Family Court Judges  (bold added by me):

It’s imperative to preserve the rights, culture, connections, and traditions of Indian children and their families. The disproportionate numbers of American Indian and Alaska Native children in our child welfare system persist almost 40 years after ICWA became law. Consequently, the new ICWA rules and regulations enacted in 2016 promote the uniform application of ICWA and to advance and protect Indian children’s best interests.

Our American Indian and Alaska Native children are essential to the security and stability of each tribe. In each ICWA proceeding, the judicial officer and other court professionals should be mindful that children are the heart of the law. Committed uniform application of ICWA and the Regulations will advance and protect the best interests of each child and enhance tribal security and stability.

Federal Court Dismisses Trust Breach Action over Phoenix Indian School Land Exchange

Here are the materials in Inter-Tribal Council of Arizona Inc. v. United States (Fed. Cl.):

58 Second Amended Complaint

59 US Motion to Dismiss

62 Response

63 Reply

69 DCT Order

Federal Court Dismisses Tort Claim against Crow Health Care Center

Here are the materials in Wilhite v. Awe Kualawaache Care Center (D. Mont.):

29 Motion to Dismiss – sovereign immunity

30 Response

33 Reply

35 Motion to Dismiss – FTCA

38 Response

39 DCT Order

Prior post here.

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 and a PDF job announcement to indigenous@law.msu.edu.

The Fond du Lac Band of Lake Superior Chippewa

Request for Proposals. The Fond du Lac Band of Lake Superior Chippewa is soliciting proposals from qualified, licensed attorneys to provide judicial services for the Band’s tribal court. The Band expects to select one individual to serve as the Band’s Chief Judge. The Chief Judge position is the Band’s primary trial court judge. The current Chief Judge is retiring. Please see the description for more information. Proposals must be received by 4:30 p.m. central time on Friday, November 30, 2018.

Ho-Chunk Nation

Tribal Counsel, Black River Falls, WI. The Tribal Counsel performs a wide variety of legal work representing the Nation as a government, its departments, boards, and commissions. The Tribal Counsel will prepare pleadings for hearings and other legal proceedings; perform legal research; provide courtroom representation; and more. The position hours are Monday-Friday 8a-430p. Pay depends on qualifications. We would like interested applicants to submit an application, resume and transcripts if they are within 2-5 years. For more information please see the job description. For the job application click here.

The Sault Ste. Marie Tribe of Chippewa Indians

Tribal Attorney – ACFS, Sault Ste. Marie MI. Under the direction of the Child Placement Program Director and the General Counsel, the Tribal Attorney – ACFS represents the interests of the Sault Ste. Marie Tribe of Chippewa Indians in Indian Child Welfare cases in state courts.  The position is also responsible for performing the duties of the Prosecutor’s Office related to child welfare and related cases in the absence of the Tribal Prosecutor.  For a full description of the position, or to apply, see: https://saulttribe.hirecentric.com/jobs/146685.html

General Counsel, Sault Ste. Marie, MI. General Counsel works under the primary supervision and direction of the Tribal Board to provide legal advice and representation to the Board and to the various governmental programs, departments, and enterprises of the Tribe. The General Counsel also provides legal services to the Tribal government’s Executive Director for operational direction consistent with the laws, budgets and policy directives enacted by the Tribal Board of Directors. The position entails performing a broad range of legal work for all departments and divisions of the Tribal government, as well as, appearing in Courts of the Tribal Court, Michigan State Courts and federal courts on behalf of the Tribe as authorized and directed.  For a full description of the position, or to apply, see: https://saulttribe.hirecentric.com/jobs/145919.html

The National Council of Urban Indian Health

Communications/Events Manager, Washington, D.C. The Communications & Events Manager (CEM) is the principal position in charge of communications for NCUIH. The CEM represents NCUIH on behalf of the Executive Director (ED) to develop community relationships. The CEM works with NCUIH to facilitate and coordinate community relations, collaborations, networking and sponsor recruitment activities. Please see the job description for more information or click here.

Administrative Assistant, Washington, D.C. The Administrative/Office Assistant will be responsible for providing high-level administrative support and performing administrative duties that contribute to the day-to-day operations of the organization. Secretarial and clerical tasks are a main component of the Administrative Assistant’s duties. Please see the job description for more information or click here.

The Association of Village Council Presidents

Associate General Counsel, Bethel, AK. The Associate General Counsel is responsible for typical in-house counsel duties, including drafting, reviewing, and negotiating contracts; advising departments in the areas of human resource management, compliance, and risk management; and maintaining and updating corporate governance records. For more information please see the job description.

Tohono O’odham Nation

Assistant Executive Counsel Sells, AZ. The Assistant Executive Counsel provides legal counsel and representation to the Chairman and Vice-Chairman of the Tohono O’odham Nation as well as to executive branch departments, offices, and programs in all areas of Indian law. The position will handle a combination of transactional work and litigation. The ideal candidate will have a strong academic background, excellent research, writing and communication skills, and at least three years of civil litigation experience within a large to mid-size law firm. Must be a member of the Arizona State Bar in good standing OR eligible to become a member. To apply, please send a cover letter, résumé, and two writing samples to Wendell R. Matt, Executive Counsel, via email at wendell.matt@tonation-nsn.gov.

Michigan Indian Legal Services

Staff Attorney,  Traverse City, MI. 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. For more information please see the job description.

Yavapai-Apache Nation

Associate Judge, Camp Verde, AZ. The Associate Judge presides over cases before the Tribal Court and helps ensure the proper operation of Yavapai-Apache Nation Tribal Court under the supervision of the Chief Judge. Application closes 10/29/2018. Please see the job description for more information.

Oglala Sioux Tribe

In-House Counsel, Pine Ridge, S.D. The Oglala Sioux Tribe has three (3) In-House Counsel positions open. The In-House Counsel(s) will work for the OST Council, the Executive Committee and with two (2) Tribal Council Standing Committees each as listed below: Land Committee, Health and Human Services Committee, Education Committee, Economic and Business Development Committee, Law and Order Committee and Finance Committee. Salary based on experience and budget. Must have a minimum of 5 years of experience specializing in Indian Law.

Please submit:

  • Letter of Intent
  • Resume with three references
  • Certificate of Good Standing,
  • Copy of valid state bar license(s)
  • State and Federal background checks and hair follicle drug test results mailed directly from the facility to the Legal Department.

CLOSING DATE:  OCTOBER 31, 2018.

SUBMIT DOCUMENTS TO:  Lisa Cummings, OST Legal Department, PO Box 1204, Pine Ridge, SD  57770 – EMAIL: LisaC@ostlegal.org or FAX: 605-867-2140.

Sitka Tribe of Alaska

Guardian Ad Litem, Sitka AL. Part-time position to serve as a resource for the Tribal Court. Interested individuals must submit a letter of interest, resume, and three references. The letter of interest should include a proposed hourly rate and should illustrate the individual’s background and interest in Sitka native culture. Must have comprehensive familiarity and cultural competency with traditions and values. Must be able to pass a criminal background check. For a full job description, questions or to apply; contact Kathy Mathews at 907-747-7178,  via e-mail at Kathy.mathews@sitkatribe-nsn.gov, or mail to 456 Katlian Street, Sitka, Alaska 99835, Attn: Kathy Mathews. Deadline for applications is October 17, 2018 at 4:00pm.

See posts from October 12, 2018.

Call for Submissions: Arizona Journal of Environmental Law & Policy

The Arizona Journal of Environmental Law & Policy (AJELP) is putting out an open call for submissions on a rolling basis for Fall 2018 publication. We are looking for publications focused on environmental issues and policy, specifically with the Southwest in mind. We welcome any and all perspectives! Click here for more information.

Ninth Circuit Denies En Banc Petition in Carter v. Tahsuda

Here:

doc-78-pet-for-rehearing-denied.pdf

Case page here.

SCOTUS Denies Cert in Citizen Potawatomi Matter

Here is today’s order list.

Cert stage materials here.

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 and a PDF job announcement to indigenous@law.msu.edu.

The Hopi Tribe

Deputy General Counsel, Kykotsmovi, AZ. The Deputy General Counsel provides professional legal counsel and representation to the Hopi Tribal government – including the legislative and executive branches of the Hopi Tribe, the administrative departments, offices and programs. Please see the job description for more information.

Chief Probation Officer, Kykotsmovi, AZ. This position is responsible for administrative management and supervision of the Probation Unit; and supervision of adult and juvenile probationers to assure adherence to court orders in support of the Hopi Tribal Court, Judicial Services. Please see the job description for more information.

Kickapoo Traditional Tribe of Texas

Staff Attorney, Eagle Pass, TX. Work with Native American individuals, families, organizations and Tribal governments in all areas of Federal Indian Law, including but not limited to, advising on issues involving jurisdiction, estate planning, trust assets, tribal governance, employment, and the Indian Child Welfare Act. May represent clients in court or before quasi-judicial or administrative agencies of government. Please see the job description for more information.

Prosecutor, Eagle Pass, TX. Prosecuting attorneys are licensed lawyers who represent KTTT in criminal cases against individuals or groups accused of illegal activity. Please see the job description for more information.

Morongo Band of Mission Indians

Request for Proposals. Soliciting competitive proposals for legal services related to intellectual property law (primarily trademark) issues affecting the Tribe. The contract term for the contemplated service will be month-to-month, with the Tribe reserving the right to discontinue use of the service upon thirty (30) days’ notice. Three (3) printed copies of the proposal should be submitted no later than 5:00pm, Friday November 9, 2018. Proposals should be addressed to the Morongo Legal Department, 12700 Pumarra Road, Banning, CA 92220. In addition to the printed copies, an electronic copy on a flash drive or delivered via email also should be submitted. Email submissions may be sent to legal@morongo-nsn.gov. Please see the description for more information.

Inn of the Mountain Gods Resort and Casino

Human Resources Director, Mescalero, NM. This position is responsible for the direction and administration of the human resource function for IMGR&C, Casino Apache and Ski Apache. In summary, the Human Resources (HR) Director oversees the implementation of Team Member development, training, employment, and internal communication; consults with management and develops programs contributing to effective organizational development and planning in areas such as team building, communication, and problem resolution, and manages Team Member Relations, Benefits, Training and Development, and Team Member Child Care. This position answers directly to the Chief Operating Officer (COO).

Sitka Tribe of Alaska

Guardian Ad Litem, Sitka AL. Part-time position to serve as a resource for the Tribal Court. Interested individuals must submit a letter of interest, resume, and three references. The letter of interest should include a proposed hourly rate and should illustrate the individual’s background and interest in Sitka native culture. Must have comprehensive familiarity and cultural competency with traditions and values. Must be able to pass a criminal background check. For a full job description, questions or to apply; contact Kathy Mathews at 907-747-7178,  via e-mail at Kathy.mathews@sitkatribe-nsn.gov, or mail to 456 Katlian Street, Sitka, Alaska 99835, Attn: Kathy Mathews. Deadline for applications is October 17, 2018 at 4:00pm.

Ho-Chunk Nation

Staff Attorney-Law Clerk, Judiciary Branch, Black River Falls, WI. Assist Tribal Court Judges and Supreme Court Justices with legal research and the drafting of opinions in a timely manner while facilitating public access to the Court through the provision of procedural legal information. The application is open until filled. Please see the 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
  • Managing Attorney, Flagstaff, AZ
  • Receptionist, Flagstaff, AZ
  • MLP Attorney, Tuba City, AZ
  • Staff Attorney, Farmington, NM
  • MLP Attorney, Farmington, NM
  • Director of Litigation, Window Rock, AZ
  • Director of Information Technology, Window Rock, AZ
  • Community Outreach/Legal Education Coord. , Window Rock, AZ

APPLY: Hresources@dnalegalservices.org

Ofc: (928) 283-3206 www.dnalegalservices.org

Godfrey & Kahn

Commercial Contracts Attorney, Milwaukee, WI. Do you have experience drafting and negotiating commercial contracts and are seeking a better environment to develop your career? We are currently looking for an exceptional attorney to join the corporate team in our Milwaukee office. Please see the description for more information.

Blackfeet Tribe

In House Staff Attorney, Browning, MT. Seeking full time in-house attorney to represent the Tribe in administrative and civil proceedings in federal, state, and tribal forums. The staff attorney will primarily be responsible for general ligation matters, employment relations, legislative advocacy, and assisting tribal programs. Please see the job description for more information.

Yavapai-Apache Nation

Associate Judge, Camp Verde, AZ. The Associate Judge presides over cases before the Tribal Court and helps ensure the proper operation of Yavapai-Apache Nation Tribal Court under the supervision of the Chief Judge. Application closes 10/29/2018. Please see the job description for more information.

Oglala Sioux Tribe

In-House Counsel, Pine Ridge, S.D. The Oglala Sioux Tribe has three (3) In-House Counsel positions open. The In-House Counsel(s) will work for the OST Council, the Executive Committee and with two (2) Tribal Council Standing Committees each as listed below: Land Committee, Health and Human Services Committee, Education Committee, Economic and Business Development Committee, Law and Order Committee and Finance Committee. Salary based on experience and budget. Must have a minimum of 5 years of experience specializing in Indian Law.

Please submit:

  • Letter of Intent
  • Resume with three references
  • Certificate of Good Standing,
  • Copy of valid state bar license(s)
  • State and Federal background checks and hair follicle drug test results mailed directly from the facility to the Legal Department.

CLOSING DATE:  OCTOBER 31, 2018.

SUBMIT DOCUMENTS TO:  Lisa Cummings, OST Legal Department, PO Box 1204, Pine Ridge, SD  57770 – EMAIL: LisaC@ostlegal.org or FAX: 605-867-2140.

 

See postings from October 5, 2018.

Brookings Institute on the Separation of Families

Here

My research has failed to uncover a single example of how removing control, jurisdiction, or authority from tribal governments improves outcomes for the AIAN population. While tribal governments are not perfect by any means, it cannot be shown with any credibility that removal of tribal government authority has improved outcomes for the American Indian population – not in policing, governance, education policy, environmental protection, or civil jurisdiction – and certainly not for child welfare.

Aeon: “Native cartography: a bold mapmaking project that challenges Western notions of place”

Here.