Turtle Talk

Staff Attorney. Airway Heights, WA. The Kalispel Tribe’s Legal Department provides a wide variety of services to the Tribal government, its programs, and economic enterprises. This position provides legal representation to the Tribe with an emphasis on complex land use agreements and acquisitions, easements, and drafting/reviewing contracts including, but not limited to, 638 contracts. This position works closely with the finance, development, and housing departments in establishing and interpreting regulations regarding development, realty, and the General Welfare Exclusion Act. Closing Date: open until filled.

Federal Defender of New Mexico

Assistant Federal Defender – Trial Attorney. Albuquerque and Las Cruces, NM. Main duties are: managing a varied caseload, developing litigation strategies, preparing pleadings, appearing in court at all stages of litigation, and meeting with clients, experts, witnesses, family members and others. Closing date for posting is 07/30/2023.

Puyallup Tribe of Indians

Assistant Prosecutor/Presenting Officer. Tacoma, WA. Responsible for planning, organizing, and directing assigned activities of the Prosecutor’s Office and serves as the Assistant Prosecutor/Presenting Officer for the Tribe. Open until filled.

Alliance for Felix Cove

Administrative Assistant. San Francisco, CA. The A4FC is seeking a highly organized and proactive individual to join our small non-profit organization as an Administrative Assistant reporting to the Founder/Executive Director (ED). This role is responsible for the administrative needs of the Founder/Executive Director and is crucial in supporting the Founder/Executive Director in their day-to-day operations, enabling them to focus on strategic initiatives and overall organizational effectiveness. Open until filled.

Pueblo of Laguna

In-House Attorney. Laguna, NM. Full-time attorney to provide legal advice, draft codes and policies, assist with transactions, and protect government interests performing general counsel legal work. One of three In-house attorneys. Works with Pueblo officials and management under supervision of Government Affairs Director. Mostly transactional with some litigation. Compensation DOE, open until filled. Public Defender. Laguna, NM. Full-time attorney to represent and advocate for adults in criminal cases and juveniles in delinquency cases before Laguna Pueblo Court when accused of violating Pueblo of Laguna law. Advocates for Pueblo community members to achieve justice and rehabilitation. One of two legal positions in Community Legal Services division and shares full-time assistant with the Pueblo’s legal aid attorney, works under supervision of Government Affairs Director. Compensation DOE, open until filled. Prosecutor. Laguna, NM. Full-time attorney to prosecute adult criminal defendants and juveniles in Laguna Pueblo Court for violating Laguna Pueblo law. Advocates for the Pueblo to achieve justice and rehabilitation. Works in office having a full-time assistant and victim’s advocate, and is under supervision of the Pueblo Governor. Compensation DOE, open until filled.

New Mexico Legal Aid

Director – Native American Program. Santa Ana Pueblo, NM. For this position, the Director is responsible for overseeing the Native American Program including: the provisions of legal services; performing administrative duties, and working in close collaboration with other members of NMLA’s management team; organizing and participating in community education and outreach activities to the various Pueblo communities; collaborating with tribal agencies and organizations; being active in local bar and community activities. Closing date: 7/1/2023.

Litigation/Casework Manger – Native American Program. Santa Ana Pueblo, NM. For this position, Litigation/Casework Manager is primarily responsible for: Providing oversight over NAP’s legal work; ensuring compliance with Legal Services Corporation regulations regarding Native American Grant funding; ensuring that NAP is meeting the legal priorities in conformance of New Mexico Legal Aid, Inc., and the Native American program policies and procedures. Closing date: 7/1/2023.

Staff Attorney – Native American Program. Santa Ana Pueblo, NM. For this position, the NAP Staff Attorney will be responsible for: Provided, legal services in several jurisdictions, which include many Pueblo Courts and New Mexico state courts; Services range from full in-court representation to brief services, and/or advice and counsel; NAP attorneys work on a variety of civil legal issue. Closing date: 7/1/2023.

Kickapoo Traditional Tribe of Texas

Prosecutor. Remote. Reprsent the Tribe in prosecution of adults and juveniles. · Draft and review various legal complaints, pleadings, motions, discoveries, documents, and correspondence necessary. · Prepare for and attend hearings and casework· Represent the Tribe at meetings, court proceedings and other functions. · Assist with the development and maintenance of case files, calendars and databases. · Assist in the development, revision and modification of the Tribe’s laws, resolutions and ordinances. · Comply with tribal, state, and federal governmental regulations; maintaining an ethical practice in respect to the Tribe, Tribal Courts, judicial system and clients. · Conduct all necessary case preparation before Tribal Court hearings and trial. Perform other related duties as assigned. Closing Date: Until Filled.

Sisseton-Wahpeton Oyate

Prosecutor. Agency Village, SD. Prosecutor is responsible for prosecution of all crimes that occur within the jurisdiction of the Lake Traverse Reservation. Prosecutor also handles child protection matters which may include assistance with Indian Child Welfare Act cases. Closing Date: Open until filled.

Native American Rights Fund

Staff Attorney. Boulder, CO or Washington, D.C. Remote work considered. The Native American Rights Fund is a non-profit national Indian law firm representing Indian tribes, organizations, and individuals in Indian law matters of major significance. NARF’s main office is in Boulder, Colorado, with additional offices in Washington, D.C. and Anchorage, Alaska. NARF is looking for an experienced attorney with excellent research and writing skills to assume a water rights and litigation docket. NARF is an Equal Opportunity Employer. Closing Date: Open until filled with interviews beginning in July.

DOJ Report on Minneapolis Police Discrimination Against Black and Indigenous People

June 16, 2023Matthew L.M. Fletcher

Here:

DOJ Report on Minneapolis Police.pdf Download

Haaland v. Brackeen Webinar

June 15, 2023ilpc

On June 15th, The United States Supreme Court has issued an opinion in the highly anticipated Haaland v. Brackeen case. The litigation involving three foster families, Texas, four intervening tribes and countless amici came to an end after nearly seven years. The Court’s holdings implicate both Indian Child Welfare Act practice and federal Indian law practice. Join Kate Fort for an overview of the decision.

Kate Fort on: Haaland v. Brackeen Decision
Wednesday, June 21st, 12-1:15pm PT
CLE pending*

Visit The Whitener Group Trainings for more information and to register
Click here for the save the date flyer, please share with your networks!

A Quick Brackeen Opinion Post

June 15, 2023Kate Fort

The decision was written by Justice Barrett with all but Justice Thomas and Alito joining her opinion. Justices Gorsuch and Kavanaugh wrote (very different) concurrences. Justices Thomas and Alito dissented.

Essentially the Court held that ICWA is not beyond the power of Congress to effectuate, and does not violate commandeering concerns by making states follow federal law. Neither the foster parents or the state of Texas had standing to bring the equal protection arguments related to the third placement preferences. They did not rule on any merits regarding equal protection and ICWA. Gorsuch’s concurrence laying out the history of federal Indian Law and ICWA is veritable who’s who of Indian law professors. Kavanaugh’s concurrence wants us to make sure we understand there was no ruling on equal protection, only on standing to bring the claim. Justices Thomas and Alito did their usual thing.

This is, without question, a massive win. It’s a stunning victory upholding both the foundations of federal Indian law and the Indian Child Welfare Act. The original district court decision finding ICWA unconstitutional, as well as the parts of the Fifth Circuit decision finding the same, are no longer good law. There is, at this time, no major change in ICWA practice. We can talk details in the coming weeks. So for now I’ll leave you with the last sentence of the Gorsuch concurrence while we all breath a sigh of relief:

In adopting the Indian Child Welfare Act, Congress exercised that lawful authority to secure the right of Indian parents to raise their families as they please; the right of Indian children to
grow in their culture; and the right of Indian communities to resist fading into the twilight of history. All of that is in keeping with the Constitution’s original design.

SCOTUS Affirms Constitutionality of ICWA 7-2

June 15, 2023June 15, 2023Matthew L.M. Fletcher

Here is the opinion in Haaland v. Brackeen.

More stuff here.

Brackeen Opinion Came Down and ICWA Stands in Full

June 15, 2023June 15, 2023Kate Fort

21-376_7l48

More to come:

C. J., and SOTOMAYOR, KAGAN, GORSUCH, KAVANAUGH, and JACKSON, JJ., joined. GORSUCH, J., filed a concurring opinion, in which SOTOMAYOR and JACKSON, JJ., joined as to Parts I and III. KAVANAUGH, J., filed a concurring opinion. THOMAS, J., and ALITO, J., filed dissenting opinions.

SCOTUS Holds 8-1 Bankruptcy Act Abrogates Tribal Immunity

June 15, 2023Matthew L.M. Fletcher

Here is the opinion in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin.

Lower court materials here.

West Virginia Supreme Court Repudiates Existing Indian Family; Orders Transfer to Tribal Court

June 14, 2023Kate Fort

Ex re Delaware Tribe v. Hon. Nowicki-Eldridge

This is, as you might imagine, a description of a mess where the West Virginia agency never contacted the Tribe, and then didn’t respond to attempts by the Tribe to get in contact with the agency. Then foster parents were granted intervenor status as well. The decision doesn’t state who made the EIF argument, but the Indian Law Clinic has been hearing the argument more and more from foster parents seeking to deny transfer to tribal court. While the Clinic was not involved in this case, it is reminiscent current appeals the Clinic is working on. My sense from the opinion is that the tribal briefing was likely excellent. The West Virginia Supreme Court didn’t buy it:

This unequivocal statement plainly dispels any notion that the EIF exception is compatible with the ICWA. Accordingly, we join the “swelling chorus of [jurisdictions] affirmatively reject[ing] the EIF exception[,]” ICWA Proc., 81 Fed. Reg. 38778, 38802 (June 14, 2016), and hold that West Virginia does not recognize the Existing Indian Family exception to the Indian Child Welfare Act, 25 U.S.C. §§ 1901 to -1963 (2021). Accordingly, the circuit court erred in adopting the EIF exception and subsequently relying on that exception to determine that the ICWA was inapplicable to this case.

Another fun thing that has been happening a lot is parties arguing the 1979 Guidelines rather than the 7 year old 2016 Regulations and Guidelines:

Before this Court several of the parties cited this guidance as a basis for arguing that the Tribe is not entitled to transfer because it knew of these proceedings in December 2021 but did not move to transfer until eight months later in August 2022. What the circuit court and the parties fail to recognize is that the 1979 Guidelines were explicitly abrogated and replaced by the BIA when it promulgated the 2016 Guidelines. See Guidelines for Implementing the Indian Child Welfare Act, 81 Fed. Reg. 96476 (Dec. 30, 2016) (“The [2016] guidelines replace the 1979 and 2015 versions[.]”). Therefore, we do not find the 1979 Guidelines persuasive, nor do we rely upon any guidance contained therein.

***

The proceeding regarding termination of the parental rights of Respondent Father was not at all advanced at the time the Tribe filed its motion to transfer the proceeding. Respondent Father had not been adjudicated; indeed, neither a preliminary nor adjudicatory hearing had even been scheduled. While five months passed between March 2022 and the Tribe’s motion to transfer in August 2022, the record reveals that those months were devoted to ascertaining whether the ICWA applied to this case, and not to any consideration of the merits of the amended petition. In short, there was nothing “advanced” about this proceeding when the Tribe moved to transfer.

Finally, this Court did not just send the case back for reconsideration, but rather ordered the lower court to transfer jurisdiction to the Delaware Tribe.

Here is the press coverage on the case: https://www.courthousenews.com/delaware-tribe-of-indians-applauds-west-virginia-supreme-court-decision-affirming-its-jurisdiction-in-child-welfare-case/