tribal courts

Public Defender Vacancy with Lower Brule Sioux Tribe

Sarah M Donnelly

The chosen applicant will:

  • Have a law degree from an ABA accredited law school and be a member in good standing of the bar of any state (South Dakota licensure preferred)
  • Must never have been convicted of a felony
  • Must be physically able to perform the duties of the office
  • Provides legal counsel and representation to adults accused of criminal offenses and juveniles accused of delinquent acts
  • Examines evidence and prepares and presents cases for the defense in criminal actions / delinquency actions
  • Review police reports
  • Draft motions, legal memorandums, and other pleadings
  • Conducts client and witness interviews
  • File pretrial motions
  • Identifies appropriate sentencing alternatives for clients and assists with getting clients into treatment
  • Appear in court on a daily basis
  • Knowledge of federal Indian law, criminal law, criminal procedure, juvenile law and procedure; and drug court or alternative courts process and procedures
  • Ability to argue legal positions effectively and persuasively, recognize, formulate and implement viable case defense theories, investigations and litigation strategies
  • Ability to communicate effectively both orally and in writing, multi-task, prioritize assignments, and remain organized.
  • Work effectively with others
  • Code writing (such as updating or amending tribal laws)
  • Assist with grant writing
  • Be a contributing asset to the office and welcome the opportunity to promote justice on the reservation
  • Other duties as may be assigned by Chief Judge

Salary: Negotiable,  depending on experience.
Closing Date: Until filled

Applications shall be in writing, to include a professional resume, legal qualifications, and any other submissions at the option of the applicant. Native American preference applies. Applications may be obtained from the LBST Personnel Office, Lower Brule, South Dakota (phone:  605-473-5561) or contacting Marlys Langdeau, Court Administrator at 605-473-5535.

Nooksack Appellate Update: Indian Law Professors Amicus Brief, CoA Reverse Disbarment

Sarah M Donnelly

In re Gabriel Galanda v Nooksack Tribal Court REJECTED Second Motion for Show Cause Order re Partial Summary Judgment Contempt or Mandamus

In re Gabriel Galanda v Nooksack Tribal Court Motion and Amici Brief of Law Professors in Support of Petitioners

Excerpt:

Amici do have grave concerns regarding patent violations of ICRA, harm to the integrity of all tribal courts, and, most importantly, the strategic deprivation of counsel and barred access to justice for Nooksack tribal citizens.  Dr. Martin Luther King’s warning that “Injustice anywhere is a threat to justice everywhere” haunts this matter.  The Nooksack Tribal Court Clerk and those directing him are directly harming the rights of Indians everywhere to access justice and enjoy the rights guaranteed them by Nooksack and federal law.

Link to previous posts here.

UPDATE: Nooksack Court of Appeals reverses disbarment for Galanda Broadman PLLC attorneys.  Download (PDF): In re Gabriel Galanda v Nooksack Tribal Court Order on Plaintiffs’ Second Motion for Partial Summary Judgment

Gila River’s Petition for Rehearing in Lopez v. Alvarez

Sarah M Donnelly

Download (PDF): Respondent’s Petition for Rehearing en Banc

Link: Previous post when 9th Cir. reversed conviction

Very Latest Rejected Nooksack Filings

Sarah M Donnelly

Download(PDF):

Galanda v Bernard REJECTED Gabriel S Galanda’s Motion for Partial Summary Judgment

Galanda v Bernard REJECTED Declaration of Gabriel S Galanda in Support of Motion for Partial Summary Judgment

Belmont v Kelly REJECTED Pro Se Formal Indications Re June 28 2016 Order

South Dakota SCT Enforces Rosebud Tribal Court Judgment Against Estate of Former Elected Official

Matthew L.M. Fletcher

Here is the opinion in Rosebud Sioux Tribe v. Estate of Colombe.

An excerpt:

An estate appealed from a circuit court’s decision to grant comity to a Rosebud Sioux Tribal Court order. The order pierced a business’s corporate veil and held decedent personally liable for a judgment in favor of the Rosebud Sioux Tribe. We affirm.

Briefs:

Appellee’s Brief

Appellant’s Amended Brief

Reply Brief

Nooksack 306: Clerk Rejects Petition, CoA Denies Motion

Sarah M Donnelly

Download PDF: Belmont v. Kelly Order Denying Motion to Expand Jurisdiction, Gladstone v. Kelly REJECTED Petition for Writ of Mandamus

Link to previous posts here.

Former Navajo Nation Leaders’ Criminal Sentencing

Matthew L.M. Fletcher

Here is the news coverage.

And a pleading from one of the defendants, Johnny Naize:

99152130_v 1_Petition for Leniency including Exhibits A B

Ninth Circuit Reverses Tribal Conviction on Failure to Guarantee a Jury Trial

Matthew L.M. Fletcher1 Comment

Here is the opinion in Alvarez v. Lopez.

An excerpt:

We consider whether an Indian tribe violated a criminal defendant’s rights by failing to inform him that he could receive a jury trial only by requesting one.

The answer was yes. One judge dissented.

The same panel had held in 2014 that the petitioner had failed to exhaust tribal remedies. Those materials here.

The panel issued this opinion on rehearing. Here are the rehearing stage materials:

Alvarez Motion for Rehearing

Alvarez Supplemental Brief

CA9 Order for Supplemental Briefs

GRIC Opposition

GRIC Supplemental Brief

NACDL Amicus Brief

Anishinabe Legal Services Seeks Fellow, Staff Attorney

Sarah M Donnelly

Fellowship

Attention 2017 law school graduates: ALS wants to host a fellow! ALS proposes fellowship projects concentrating on services to a Native American population in Rural Minnesota and primarily with Elders in Elder Abuse related matters and expanding tribal court jurisdiction. The Equal Justice Works RFP application is open until Sept. 16th.

If you are a current 3L, have an interest in Native American and Elder Law, and would like more information about our organization, please contact Chari at 1-800-422-1335 or by email: claduke-clark@alslegal.org.

Staff Attorney

ALS is looking for a well-qualified and highly motivated Staff Attorney to provide direct legal services for clients before administrative agencies and Tribal Courts throughout the Anishinabe Reservations in North Central Minnesota. The staff attorney will be responsible to provide direct legal services to individuals specifically with their disability benefits including obtaining federal disability benefits through the reconsideration and appeals processes, but also handling overpayments and cessation cases, as well as other legal matters related to consumer law, school law, and tribal law.

This attorney is expected to be licensed to practice in the State of Minnesota by anticipated start date of position; this attorney is also expected to be licensed or willing to immediately become licensed before the local Tribal Courts. Salary is D.O.E. and benefits include individual and family health insurance, dental insurance, paid holidays, paid time off and life insurance.

TO APPLY: Please send a cover letter and resume, along with writing sample and three (3) references to ALS Administrative Director, Chari LaDuke-Clark, Anishinabe Legal Services, PO Box 157, Cass Lake, MN 56633 or email required application materials to claduke-clark@alslegal.org. Applications preferred by Sept. 19th but will be accepted until the position is filled.

Nooksack Tribal Clerk Now Rejecting Filings in Gladstone v. Kelly

Sarah M Donnelly1 Comment

Download PDF: Belmont (Roberts) v Kelly REJECTED Third Declaration of Michelle Joan Roberts in Support of Motion to Expand Injunction, Gladstone v. Kelly REJECTED Motion for Permanent Injunction Margretty Rabang

Link to previous posts here.