Research

ICWA Pro Hac Vice Rule Proposal in Wisconsin

Kate Fort

Here:

Our Pro Hac Vice page is here.

Wisconsin Proposed Pro Hac Vice Waiver for Tribal ICWA Attorneys

In the Matter of the Petition to Amend Wisconsin Supreme Court Rule 10.03(4), Regarding Pro Hac Vice Admission for Nonresident Counsel Appearing in Matters Involving the Indian Child Welfare Act, Petition 18-04

Proposal to Amend WI SCR 10.03(4) to add the following:

(g) Nonresident counsel is not required to associate with an active member of the State Bar of Wisconsin and is not subject to any application or fees for pro hac vice admission if they establish to the satisfaction of the Court that:

  1. The nonresident counsel seeks to appear in a Wisconsin court for the limited purpose of participating in an “Indian child custody proceeding” as defined by s. 48.028(2)(d), or an “Indian juvenile custody proceeding” as defined by s. 938.028(2)(b), pursuant to the Wisconsin Indian Child Welfare Act (WICWA) s. 48.028, or a “child custody proceeding” as defined by 25 U.S.C. § 1903, pursuant to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq.; and
  2. The nonresident counsel represents an Indian Tribe pursuant to 25 USC § 1911(c), s. 48.028(3)(e), or s. 938.028(3)(e); and
  3. The Tribe has affirmed the child is an Indian child defined by 25 USC § 1903(4) and s. 48.02(8g) or an Indian Juvenile as defined by s. 938.02(8g).

As background: WA, MN, OR, MI, & NE all have rules/laws making pro hac vice easier for tribal attorneys in ICWA cases. AZ and CA have pending rules.

To submit a comment:

  1. Submitting a comment to a rules petition
    A comment to a pending rule petition shall be submitted in hard copy (include one original and nine copies). The paper copies shall be mailed to the Clerk of the Supreme Court, P.O. Box 1688, Madison, WI 53701.

A person submitting a comment shall e-mail an electronic copy of the comment in MS Word format MS Word to the Office of the Clerk of the Supreme Court at clerk@wicourts.gov and carrie.janto@wicourts.gov.

  1. Contents of comment
    The comment shall identify the rule petition to which it relates.

III. Service of comment on petitioner
A copy of the comment shall be forwarded to the petitioner in a timely manner. See the rule petition for the name and contact information of petitioner.

https://www.wicourts.gov/scrules/1804.htm

 

CSKT 2018 Indian Child Welfare Legal Summit, September 12-13

Victoria Sweet

Confederated Salish & Kootenai Tribes’2018 Indian Child Welfare Legal Summit

The Montana Court Improvement Program, in conjuction with CSKT, would like to invite you to this interactive training designed to improve legal knowledge, skills, and practices in relation to Indian Child Welfare. 

After opening with a case law update describing recent Montana opinions, federal court litigation, and note-worthy opinions from sister states, this CLE will provide a quick interactive refresher on the basics of tribal jurisdiction in child custody cases and the requirements of the Indian Child Welfare Act.

With this foundation in place, participants will explore topics like best practices in child welfare cases, domestic child sex trafficking, tribal code enhancement, and ethics as it relates to Indian child welfare cases.  Participants will have the opportunity to break out into small affinity groups to discuss improving systems and practices across the state in order to better serve AI/AN children and families.

This two-day training is designed for tribal attorneys, tribal judges, parents’ attorneys, GALs, adoption attorneys, and state prosecutors. (Although caseworkers, CASAs, and other child welfare practitioners are welcome to join us, the focus of this training is to improve legal knowledge, skills, and practices.)  Faculty includes local and national experts, practitioners, and scholars from across the country.  An application for CLE credits will be filed.

For agenda, updates and more visit: 

https://cskt-icw-legal-summit.sitey.me/

Ninth Circuit Rejects Tribe’s Challenge to Interior Determination in Whistleblower Case

Matthew L.M. Fletcher

Here is the opinion in Chippewa Cree Tribe of the Rocky Boy Reservation v. Dept. of Interior. A related unpublished opinion in St. Marks v. Dept. of Interior is here.

From the court’s syllabus:

The panel denied a petition for review by the Chippewa Cree Tribe challenging a decision of the U.S. Department of the Interior that ordered the Tribe to provide relief to Ken St. Marks, who was removed from the Tribe’s governing body – the Business Committee – in retaliation for his whistleblowing. 

St. Marks informed the Department of the Interior that members of the Business Committee were misusing federal stimulus funds awarded to the Tribe by the Department pursuant to the American Recovery and Reinvestment Act. The Act contains robust whistleblower protections.

Briefs here.

Lower court materials here.

Ninth Circuit Briefs in Diné Citizens against Ruining Our Environment v. BIA [Rule 19 Joinder; Four Corners Power Plant & Navajo Mine]

Matthew L.M. Fletcher

Here:

Appellant Brief

Arizona Public Service Co Brief

Navajo Transitional Energy Company, LLC Brief

United States Brief

Navajo Nation Amicus

Reply

Oral argument video here.

Materials in Dispute over Ownership of Lot 28 on the Lone Pine Indian Reservation

Matthew L.M. Fletcher

Here are the materials in Watterson v. Fritcher (E.D. Cal.):

1 Complaint

20 Watterson Motion for Summary J

27 DCT Order

WaPo Profile of Lumbee Nationhood Struggle

Matthew L.M. Fletcher

Here is “What Makes Someone Native American? One tribe’s long struggle for full recognition.”

Materials on the Nakai case are here and here.

Federal Circuit Rejects Trust Breach Claim for Water by Crow Creek Sioux Tribe

Matthew L.M. Fletcher

Here is the opinion in Crow Creek Sioux Tribe v. United States.

Briefs:

Crow Creek Opening Brief

US Response Brief

Reply

Lower court materials.

Materials in Dispute over Trust Status of Parcel 5 at Upper Lake Rancheria

Matthew L.M. Fletcher

Here are the materials in the zombie case, Upper Lake Pomo Association v. Morton (E.D. Cal.) [yes, that’s Rogers Morton and yes, the caption number starts with 75]:

320 Jackson Motion to Enforce

324-1 Diwald Motion to Intervene

325 US Opposition to 320

328 Opposition to 324

332 Jackson Reply in Support of 320

333 Diwald Reply in Support of 324

335 DCT Order

DFP: “Standing Rock protesters now protesting Line 5 pipeline”

Matthew L.M. Fletcher

Here.

Friday Job Announcements

Monica 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 Indian law or leadership job, please send a brief description of the job, including position title and location, as well as a PDF job announcement to indigenous@law.msu.edu.

View job postings from August 10, 2018.

World Intellectual Property Organization (WIPO)

Indigenous Fellow, WIPO Headquarters, Geneva. One year Fellowship (2019), renewable for one further year (2020). The Fellowship builds on a series of initiatives to ensure that indigenous peoples are actively and effectively involved in the work of WIPO on issues that matter to them. The Indigenous Fellow will work in WIPO’s Traditional Knowledge Division and be involved in a program of work that is directly relevant to issues. Application closes at 6:00 p.m. Geneva time on Friday September 21, 2018. Please see the job description for more information.

Cultural Heritage Partners

Associate Attorney, Richmond, Virginia.  The Attorney will work directly with the firm’s managing partner and support the firm’s historic preservation and American Indian law practice. This practice operates at the intersection of preservation and development and focuses primarily on advocacy, administrative/regulatory matters, and alternative dispute resolution. The common thread through all of our work is our desire to contribute to the preservation of cultural heritage. Please submit application by August 31, 2018 and they will be reviewed on a rolling basis for this immediate opening. Please see the job description for more information.

Northwest Justice Project

Staff Attorney, Seattle, WA. The Native American Unit in Crime Victim Services seeks applications from qualified attorneys to undertake mission-directed work to address the civil legal needs of Native American crime victims who experience collateral legal issues. Much, but not all, of the legal work relates to the immediate safety, ongoing protection, and family law needs of domestic violence survivors. Applications should be submitted as soon as possible, preferably no later than September 7, 2018. Please see the job description for more information.

Southern Ute Indian Tribe

Human Resources Director, Ignacio, CO. Under general direction of the Executive Officer, is responsible for management of the Human Resources Department, Employee Benefits Division, and the Health and Safety Management Division within the Southern Ute Tribal Organization. Please see the job description for more information.

Hopi Tribe

For the following positions, please see this job ad and listing. Applications close Monday, August 13, 2018.

Senior Associate Judge, Kyotsmovi, AZ. This position performs professional legal courtroom proceedings in the Hopi Trial Court pursuant to the Hopi Code, approved and adopted on August 28, 2012 and implemented on October 28, 2012. The duties performed require the individual to conduct hearings and decide cases in a fair and impartial manner to the end that justice may be administered and law and order maintained. Please see the job description for more information.

Court Security Officer, Kyotsmovi, AZ. Under the supervision of the Court Administrator or his/her designee, provides a range of court security services. The primary responsibility of the Court Security Officer is to ensure a safe courtroom and workspace environment for the Judges, Court personnel, attorneys and the general public.  Please see the job description for more information.

Department of Justice

Trial Attorney, Washington, D.C. The Environment and Natural Resources Division, Indian Resources Section seeks applicants with a demonstrated record of complex case management, initiative and creativity, strong courtroom skills, outstanding legal writing, and a commitment to the highest ethical and professional standards. Experience in water rights litigation and knowledge and experience in Indian, administrative, and constitutional law are highly desirable. Application closes August 30, 2018. Please see the job description for more information and to apply.

Trial Attorney, Washington, DC. The Wildlife and Marine Resources Section litigates complex civil cases under federal wildlife laws and laws concerning the protection of marine fish and mammals. The Section represents a broad range of federal regulatory and resource management agencies, including the Fish and Wildlife Service, the National Marine Fisheries Service, the Forest Service, the Bureau of Land Management, and the Army Corps of Engineers. Application closes August 31, 2018. Please see the job description for more detail.

Assistant United States Attorney, Las Vegas, NV. The U.S. Attorney’s Office in the District of Nevada is currently seeking an Assistant United States Attorney to serve in the Civil Division and to focus on affirmative civil enforcement, financial litigation, and asset forfeiture. This work includes pursuing civil actions against those who engage in fraud, violate federal laws, or damage federally owned property. Application closes August 24, 2018. Please see the job description for more information.

Assistant United States Attorney, Topeka KS. Assistant United States Attorneys in the Civil Division have the opportunity to perform an important public service by representing the interests of the United States of America in all civil actions brought by or against the United States in both federal and state courts of law. Application closes August 23, 2018. Please see the job description for more information.

Department of Interior

(4) Law Clerk/Attorney, Attorney Honors Program, Washington D.C. The Honors Program seeks to select four recent law school graduates (current third year students and Class of 2018 graduates) possessing outstanding academic credentials. During the initial one-year rotation, Honors Attorneys will work in practice areas that include the full range of Land Management, Water, Natural Resources, Indian, Environmental, Oil and Gas, and Mining laws relating to the Nation’s public lands, national parks and wildlife refuges, administrative and government business matters, and law relating to the United States’ unique relationship with American Indians and Indian Tribes. Please see the job description for more information.

Legislative Branch

Legislative Attorney (Environmental Law), Washington DC. The Congressional Research Service (CRS), American Law Division (ALD), seeks a Legislative Attorney to analyze legal questions that emerge from the work of Congress related to environmental law in particular and American public law generally. This is a non-litigating position emphasizing qualifications and interest in legal research and writing in a public service legislative context. Application closes September 7, 2018. Please see the job description for more information.