Research

Friday Job Announcements

Neoshia Roemer1 Comment

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

Spirit Lake Tribe

Prosecutor, Fort Totten, N.D. The Spirit Lake Nation is hiring a Prosecutor to perform all phases of criminal prosecution of offenses committed in violation of the Spirit Lake Tribe Criminal Code within the jurisdiction of the Spirit Lake Tribe. The Prosecutor will be responsible for present and prosecuting all criminal complaints in tribal court, along with other duties as prescribed. A J.D. from an accredited degree and state bar membership are required. Please see the job announcement, or visit the website, for more information about the job and how to apply.

Zuni Pueblo

Attorney, Zuni, N.M. The Zuni Pueblo is seeking a part-time prosecutor with three years or more trial experience and qualifications sufficient to be admitted to practice before the Zuni Tribal Court in Zuni, New Mexico. Email letter of interest and resume to dfc@catchlaw.com.

New Mexico Court of Appeals Staff Attorney

THE NEW MEXICO COURT OF APPEALS is seeking applications for a full-time Associate Staff Attorney position. The position will be located in Albuquerque. Regardless of experien­ce, the beginning salary is limited to $66,000, plus generous fringe benefits. New Mexico Bar admission as well as three years of practice or post-law-school judicial clerkship experience is required. The position entails management of a heavy caseload of appeals covering all areas of law considered by the Court. Extensive legal re­search and writing is required; the work atmos­phere is congenial yet intellectually demanding. Interested applicants should submit a completed New Mexico Judicial Branch Application for Employment, along with a letter of interest, resume, law school transcript, and short writing sample of no more than 5 pages to Paul Fyfe, Chief Staff Attorney, P.O. Box 2008, Santa Fe, New Mexico 87504, no later than 4:00 p.m. on Friday, May 25, 2018. The materials may also be submitted by email to coapgf@nmcourts. gov. To obtain the application please call 827- 4875 or visit www.nmcourts.com and click on “Job Opportunities.” The New Mexico Judicial Branch is an equal opportunity employer.

DNA People’s Legal Services

Staff Attorney, Flagstaff, A.Z. and Farmington, N.M. DNA People’s Legal Services is seeking a Staff Attorney to represent clients in court or before government agencies, prepare and draft legal documents, advise clients on business and legal transactions, negotiate settlements for legal disputes, comply with all legal standards and regulations, perform administrative and management functions related to the practice of law. J.D. and bar membership required. Starting salary is $37,500. Please see the announcement for more information.

Public Defender Managing Attorney, Keams Canyon, A.Z. DNA-PEOPLE’S LEGAL SERVICES (DNA), a non-profit legal services program, is accepting applications for a Public Defender Managing Attorney position in our Hopi Public Defenders office, Keams Canyon, Arizona. The Hopi Public Defenders office serves the Hopi Indian Reservation in Arizona. J.D. and bar membership required. Please see the announcement for more information.

Finance Director, Window Rock, A.Z. The Director of Finance is a full-time position that provides overall financial management and analysis for DNA. The position will oversee annual budget of $4 Million and review all financial transactions; perform complex budgeting and accounting functions, conduct financial, statistical and analytical studies and projections; prepare financial reports for management, the board and others; oversee all DNA law offices budgets in the preparation for and execution of the annual audit, tax and other regulatory filings; periodically consult with the program team on financial reports of grantees; and ensure that DNA adheres to the best, most reliable and most transparent financial policies and procedures.

Mille Lacs Band of Ojibwe Indians (Employment Application)

Deputy Solicitor General, Onamia, M.N. The Deputy Solicitor General performs legal work involving interpreting laws and regulations; preparing legal opinions, briefs, and other legal documents; rendering legal advice and counsel; consulting with trial attorneys; assisting in preparing cases for trial; drafting bills for legislative consideration; and assisting the Solicitor General in managing the affairs and duties of the function of Solicitor General. A J.D. and bar membership are required. Please see the announcement for more details.

Senior Deputy Solicitor General, Onamia, M.N. The Senior Deputy Solicitor General performs legal work involving interpreting laws and regulations; preparing legal opinions, briefs, and other legal documents; rendering legal advice and counsel; consulting with trial attorneys; assisting in preparing cases for trial; drafting bills for legislative consideration; and assisting the Solicitor General in managing the affairs and duties of the function of Solicitor General. A J.D. and bar membership are required. Please see the announcement for more details.

Tonkawa Tribal Committee

Substance Abuse Program Director, Tonkawa, O.K. The Substance Abuse Program (SAP) Director is in charge of managing and operating the Substance Abuse Program with services including, but are not limited to, assessment, treatment planning, individual and group therapy for clients and their families, educational presentations, and therapeutic interventions. Please see the job announcement for more information.

MSPI Coordinator/Counselor, Tonkawa, O.K. The Meth and Suicide Prevention (MSPI) Director is in charge of managing and operating the MSPI Program, establishing and maintaining the Tribal MSPI Program, and provides methamphetamine and suicide prevention services to the youth and young adults. Please see the job announcement for more information.

MSPI Assistant, Tonkawa, O.K. The Meth and Suicide Prevention (MSPI) Assistant provides culturally sensitive services to Native Youth and young adults under the age of 25. The MSPI Assistant will support young people, work with them and their families, help them build healthy connections, and provide activities that will help prevent methamphetamine use and suicides. Subject to evening and weekend assignments. Please see the job announcement for more information.

Tohono O’odham Nation

Legal Assistant, Office of Attorney General, Sells, A.Z. The Tohono O’odham Office of Attorney General is hiring one (1) Legal Assistant.  The Office of Attorney General represents the interests of the Tohono O’odham Nation in tribal, state, and federal venues.  The Legal Assistant will assist attorneys in all aspects of tribal governance with an emphasis on Child Welfare cases. Salary is $35,004 to $43,715 DOE. Please see the announcement for more information.

Mashpee Wampanoag Tribe

District Court Judge, Mashpee, M.A. This position is a per diem position.   A District Court Judge shall be appointed for a term of (5) five years.  A District Court Judge shall have the duty and power to conduct all court proceedings, and issue all orders and papers incident thereto, in order to administer justice in all matters within the jurisdiction of the Court. Please see the announcement for more information.

Last week’s postings: May 18, 2018.

North Dakota State Court Declines Jurisdiction over Bank’s Foreclosure of Trust Land at Turtle Mountain

Matthew L.M. Fletcher

Here is the opinion in Turtle Mountain State Bank v. Delorme:

Rolette County District Court Order

Ninth Circuit Briefs in Hestand v. Gila River Indian Community [Attorney Employment Claims]

Matthew L.M. Fletcher

Here:

Opening Brief

Answer Brief

Reply

Second Circuit Briefs in Lakke v. Turning Stone Resort Casino [Paganist’s Religious Freedom Claims under ICRA]

Matthew L.M. Fletcher

Here:

Opening Brief

Answer Brief

Ninth Circuit Issues Trio of Decisions on Walker River

Matthew L.M. Fletcher

Here is the opinion in United States v. Walker River Irrigation District. From the court’s syllabus:

The panel first held that the district court was correct that it retained jurisdiction to litigate additional rights in the Walker River Basin and to modify the 1936 Decree. On the merits, the panel held that the district court erred in characterizing the counterclaims as part of a new action. The panel concluded that based on the procedural history and the fact that the Tribe and the United States brought their counterclaims under the same caption as the 1924 action, the counterclaims did not constitute a new action. The panel further held that the district court erred by dismissing the claims sua sponte on the basis of res judicata without first giving the parties an opportunity to be heard on the issue. Moreover, the panel held that because the counterclaims were not a new action, traditional claim preclusion and issue preclusion did not apply.

The panel directed that on remand, the case should be randomly reassigned to a different district judge. The panel reluctantly concluded that reassignment was appropriate because it believed (1) that Judge Jones would have substantial difficulty putting out of his mind previously expressed views about the federal government and its attorneys, and (2) that reassignment will preserve the appearance of justice.

Here is the opinion in United States v. United States Board of Water Commissioners.

Here is the opinion in Mono County v. Walker River Irrigation District. From the court’s syllabus:

In an appeal raising issues pertaining to Nevada state water law, the panel certified to the Supreme Court of Nevada the following question:

Does the public trust doctrine apply to rights already adjudicated and settled under the doctrine of prior appropriation and, if so, to what extent?

Cert Stage Briefs in Eastern Shoshone/Northern Arapaho Tribes v. Wyoming

Matthew L.M. Fletcher

Here:

northern arapaho tribe – cert petition

eastern shoshone tribe v. wyoming — cert. petition

amicus brief of ncai nos. 17-1159 and 17-1164

law profs amicus brief

us brief in opposition

riverton and fremont brief in opposition

wyfb brief in opposition

reply brief

Lower court materials in State of Wyoming v. EPA here.

US Recommends Grant in Herrera v. Wyoming

Matthew L.M. Fletcher

Here is the invitation brief:

17-532 Herrera (ac pet)

UPDATE:

respondent supplemental brief

petitioner supplemental brief

Other cert stage briefs here.

Oklahoma Tribes Challenge FCC Wireless Infrastructure Siting Rule

Matthew L.M. Fletcher

Here is the petition in United Keetoowah Band of Cherokee Indians in Oklahoma v. Federal Communications Commission (D.C. Cir.):

amended fcc petition as filed

Makah Whaling Cert Petition

Matthew L.M. Fletcher

Here is the petition in Makah Indian Tribe v. Quileute Indian Tribe & Quinault Indian Tribe:

2018-05-21 makah cert petition and appendix

Question presented:

The question presented is whether the Ninth Circuit—in conflict with the decisions of this Court and other courts—properly held the Treaty of Olympia confers this expansive “fishing” right.

Lower court materials in United States v. Washington subproceeding 09-01 here.

SCOTUS Vacates Washington SCT Decision in Upper Skagit Tribe v. Lundgren

Matthew L.M. Fletcher1 Comment

Here is the opinion.

From Justice Gorsuch’s opinion:

Like some courts before it, the Washington Supreme Court read Yakima as distinguishing in rem from in personam lawsuits and “establish[ing] the princi­ple that . . . courts have subject matter jurisdiction over in rem proceedings in certain situations where claims of sovereign immunity are asserted.” 187 Wash. 2d, at 868, 389 P. 3d, at 574.

That was error. Yakima did not address the scope of tribal sovereign immunity. Instead, it involved only a much more prosaic question of statutory interpretation concerning the Indian General Allotment Act of 1887. See 24 Stat. 388.

***

We leave it to the Washington Supreme Court to address these arguments in the first instance. Although we have discretion to affirm on any ground supported by the law and the record that will not expand the relief granted below, Thigpen v. Roberts, 468 U. S. 27, 30 (1984), in this case we think restraint is the best use of discretion. Determining the limits on the sovereign immunity held by Indian tribes is a grave question; the answer will affect all tribes, not just the one before us; and the alternative argument for affirmance did not emerge until late in this case. In fact, it appeared only when the United States filed an amicus brief in this case—after briefing on certiorari, after the Tribe filed its opening brief, and after the Tribe’s other amici had their say. This Court has often declined to take a “first view” of questions that make their appearance in this posture, and we think that course the wise one today. Cutter v. Wilkinson, 544 U. S. 709, 718, n. 7 (2005).

Background materials here.