Here is the complaint in LeBeau v. United States (D.S.D.):
We posted news coverage here way back when. Ms. Circle Bear was the first federal prisoner to die of COVID in 2020. According to the complaint, she was 8 months pregnant in March 2020 when the government decided to transfer her to a prison in Texas, where she immediately contracted the virus. She gave birth while intubated.
Here.
Here are the materials in United States v. English (D. Colo.):
33 Joint Memorandum in Support of Plea Agreement
36 Magistrate Minute Order: “This Court does not have jurisdiction over the charge in the proposed Plea Agreement. . . .”
An excerpt:
The Major Crimes Act represents one way in which Congress has permitted federal courts to exercise jurisdiction over crimes occurring on tribal lands which otherwise would be subject to the exclusive jurisdiction of the tribal courts. Now codified at 18 U.S.C. § 1153, the Act gives federal courts exclusive federal jurisdiction over certain enumerated felonies occurring between Indians in Indian Country, including, specifically, “a felony assault under section 113.” 18 U.S.C.A. § 1153(a). See also United States v. Burch, 169 F.3d 666, 669 (10th Cir. 1999). Prosecution of crimes not expressly designated in section 1153, including, specifically, simple assault – is reserved to the tribal courts, in recognition of their inherent sovereignty over such matters. United States v. Antelope, 430 U.S. 641, 643 n.1, 97 S.Ct. 1395, 1397 n.1, 51 L.Ed.2d 701 (1977); United States v. Quiver, 241 U.S. 602, 700-01, 36 S.Ct. 699, 605-06, 60 L.Ed. 1196 (1916); United States v. Burch, 169 F.3d 666, 668-69 (10thCir. 1999). See also United States v. Lara, 541 U.S. 193, 199, 124 S.Ct. 1628, 1632-33, 158 L.Ed.2d 420 (2004) (“[25 U.S.C. § 1301] says that it ‘recognize[s] and affirm[s]’ in each tribe the ‘inherent’ tribal power … to prosecute nonmember Indians for misdemeanors.”).
Here are the materials in Shoshone-Bannock Tribes of the Fort Hall Reservation v. United States (D. Idaho):
114-1 Tribe Motion to Reconsider
Prior post here.
Michael K. Velchik & Jeffery Y. Zhang have published “Restoring Indian Reservation Status: An Empirical Analysis” in the Yale Journal on Regulation. PDF
I posted about this excellent article a while back when it was in draft form.
To post an open Indian law or leadership job to Turtle Talk, send all of the following information to indigenous@law.msu.edu
In the email body:
A typed brief description of the position which includes
Chief Judge. Gardnerville, NV. The Chief Judge of the Tribal Court shall have the duty and power to conduct court proceedings, and issue all orders and papers incident thereto, in order to administer justice in all matters within the jurisdiction of the Tribal Court. If interested we ask that you submit a letter of intent, resume, copies of certifications, and other relevant documentation supporting your intent to become the Washoe Tribe’s Chief Judge. Letters of intent must be received (not postmarked) no later than 4:00 pm (PST) on Wednesday March 10, 2023.
Assistant General Counsel. El Cajon, CA. Serves as Assistant or Deputy legal representative to the Sycuan General Counsel, and as an advisor to the Sycuan Band of the Kumeyaay Nation. Closing Date: Open Until Filled.
Tribal Prosecutor II – Office of the Attorney General. Cherokee, NC. Prosecutes criminal and juvenile charges in Cherokee Court. Provides assistance and advice to investigators in the field at crime scenes and during investigations. Assists in training Cherokee Police Department in the investigation techniques and the development of criminal cases for successful prosecution. Engage in quality control measures to ensure criminal justice system is operating for successful prosecutions. Prosecutes criminal cases in Federal Court as a Special Assistant United States Attorney (SAUSA). Communicates and coordinates assistance on a regular basis with Federal and state officials who have concurrent jurisdiction over criminal and juvenile matters on Cherokee land. Closing date: Application is open until filled.
Attorney. Washington, DC. As an Attorney Advisor GS-0905-13/14/15, your typical work assignments may include the following: Provide advice on significant tribal justice matters and assist in policy and legislative development and review. Provide advice to OTJ leadership on Department components litigating, protecting or otherwise addressing Native American rights and/or related issues. Review proposed legal actions submitted by divisions that require OTJ approval or coordination. Perform legal research on assigned questions or law or policy and prepare reports and memoranda. Assist in coordinating with attorneys and officials of the Department, other government agencies, and interested parties to provide guidance and advice to ensure compliance with statutory, regulatory and policy requirements. Assist in maintaining liaison with federally recognized tribes, and work with the appropriate federal, tribal, state, and local officials, professional associations, and public interest groups. Develop, coordinate and execute special projects as assigned by the Director or the Deputy Director. Closing date: March 17, 2023.
Deputy General Counsel. Kykotsmovi AZ. This is a tribal inhouse counsel position for the Hopi Tribe. The position processes requests for legal review by the Tribal Council and the Tribe’s Officers, Departments and Programs. These requests can range from contract review to answering and analyzing complex questions of law dealing with natural resources to human resources. Closing Date – Open until filled
Chief Prosecutor. Keam Canyon, AZ. The Chief Prosecutor administers the Hopi Tribe’s Office of the Tribal Prosecutor. He or she is responsible for the prosecution of violations of the Hopi tribal code and pursues dependency matters pursuant to the Hopi Children’s’ Code. This position works (and coordinates) with Hopi and BIA law enforcement, the FBI and US attorney’s office. The position also works with the Tribal Council in reviewing the Code and law enforcement matters on the Hopi Reservation. Importantly, the position prosecutes cases before the Hopi Tribal Courts. Closing Date – Open until filled.
Deputy Tribal Prosecutor. Keam Canyon, AZ. The Deputy is responsible for the prosecution of violations of the Hopi tribal code and pursues dependency matters pursuant to the Hopi Children’s’ Code. This position works (and coordinates) with Hopi and BIA law enforcement, the FBI and US attorney’s office. The position also works with the Tribal Council in reviewing the Code and law enforcement matters on the Hopi Reservation. Importantly, the position prosecutes cases before the Hopi Tribal Courts. Closing Date – Open until filled.
General Counselv. Santa Fe, NM. Provide professional legal counsel in the areas of tribal government, federal-tribal relations, jurisdiction issues, environmental and natural resources law and policy, economic development, tribal business enterprise, and employment issues. Works to protect tribal assets and preserve tribal sovereignty. Closing date – Until Filled.
Department of Social Work – Assistant or Associate Professor for MSW and BSW Programs. Duluth, MN. Beginning August 21, 2023. Individuals who hold underrepresented and/or marginalized identities, especially American Indian and other Indigenous people, are strongly encouraged to apply. Job duties and responsibilities for this full time, tenure track position include teaching courses in a variety of areas in both BSW and MSW programs; advising students; conducting and publishing scholarly research; providing professional, community and university service; and mentoring and supervising students in social work field placements.
District Court Judges. Navajo Nation Wide. Under administrative direction of the Chief Justice, performs work of unusual difficulty in presiding over civil, criminal and family court cases; provides policy direction and guidance in the operation of Judicial Districts; performs related duties as assigned. Open Until Filled.
Associate Justice. Window Rock, AZ. Under administrative direction of the Chief Justice, performs work of unusual difficulty, hears arguments, reads briefs and conducts research necessary to pass judgment and issue rulings on cases brought before the Navajo Nation Supreme Court; may serve as acting Chief Justice; performs related duties as assigned. Open Until Filled.
Judicial Hearing Officer. Window Rock, AZ. Shiprock, NM. Under the administrative supervision of the Chief Justice or his/her designee, this position exercises authority to preside over hearings and dispositions involving the Domestic Abuse Protection Act and Alchinni Bi Beehazannii Act occurring within the respective jurisdictions of the District Courts of the Navajo Nation; performs related work as assigned. Open Until Filled.
Supreme Court Law Clerk. Window Rock, AZ. Under general direction of the Chief Justice, performs work of moderate to extreme difficulty in analyzing supreme court cases. Conducts legal research, drafts opinions, and orders; and, provides legal advice related to appellate cases, petitions, notices and other documents filed with the Navajo Nation Supreme Court. Performs related duties as assigned. March 13, 2023.
Staff Attorney. Aneth, UT, Chinle, AZ, Kayenta, AZ. Under general direction of the Judges of the assigned district, performs work of considerable difficulty in providing complex legal advice and guidance; conducts legal research and drafts legal documents in support of the judges, court solicitor and court administrators; undertakes special projects for the Judicial Branch; performs related duties as assigned. Open Until Filled.
Request for Proposal – Special Counsel on Housing. Window Rock, AZ. Assist the Navajo Nation Office of the President and Vice President in housing development strategy on Navajo Nation. Closing Date: March 17, 2023
Paralegal. Washington, DC. Hobbs, Straus, Dean & Walker, LLP is seeking an experienced paralegal for its Washington, DC office. Hobbs Straus is a national law firm dedicated to promoting and defending the interests of Indian tribal governments and organizations. This position is open until filled.
Rising Leaders Manager. Flagstaff, AZ. We’re looking for a new team member to support and coordinate a variety of young-leader-centered programs at the Grand Canyon Trust, from internships, to environmental justice workshops, to Indigenous youth river trips, to service learning projects and more. At the Trust, we believe young leaders are the key to lasting environmental and social change. Our Rising Leaders Program is rooted in justice, equity, diversity, and inclusion and focuses on developing young Indigenous leaders. The rising leaders manager will work with the community engagement team and other programs at the Trust to give young people (ages 15 to 30) opportunities to dive into conservation and environmental justice advocacy, learn about climate change and its impacts on Native communities, and connect to the landscape and each other. Open until filled.
Legislative Services Attorney. Harbor Springs, MI. Provides professional legal services to Tribal Council and Tribal Council committees. Please submit your cover letter, resume, and LTBB application form to hr@ltbbodawa-nsn.gov or via fax, mail, or in person at our Human Resources office. Open until filled.
Managing Attorney – Native American Program. Santa Ana Pueblo, NM. For this position, the Managing Attorney is responsible for overseeing the Native American Program including: The provisions of legal services. Supervising staff attorneys, paralegals, and other staff and volunteers. 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. Open until filled.
Associate Attorney. Seattle, WA. The firm’s practice is wide-ranging and involves cutting-edge work on impactful issues advancing tribal rights. The firm has also developed a significant environmental law practice representing conservation organizations. Applicants must have the skills, judgment and character to make an immediate contribution to the firm’s work in litigation, transactions and other matters. This position is open until filled.
Summer 2023 Policy & Legislation Internship. Washington DC. Under the supervision of the Legislative Assistant: Assist with tracking bills, monitoring appropriate Senate and House Committees, and following executive branch actions on issues of interest to PAL staff. Conduct online research. Attend (virtually or in person) Congressional hearings, coalition meetings, weekly department meetings, educational presentations, and other meetings as requested. Prepare and disseminate information to PAL staff, and Congressional offices as requested. Make phone calls to Congressional offices as requested. Assist with outreach and preparation for events sponsored by PAL. Support advocacy efforts through drafting and editing fact sheets, policy documents, and other collateral. Under the guidance of the legislative assistant, spearhead one independent research project on an issue of the intern’s interest that will culminate in a presentation to PAL staff. Perform administrative tasks as requested. Deadline to apply: March 26, 2023.
Associate Justice. Juneau, AK. Central Council Tlingit & Haida Indian Tribes of Alaska (T&H) is seeking interested candidates to serve on its Supreme Court. T&H Supreme Court is comprised of a Chief Justice and two Associate Justices. An Associate Justice appointment is a two-year term. This year T&H Tribal Assembly will elect an Associate Justice for the 2023-2025 term. The T&H Supreme Court hears appeals from the trial court. Closing date: 4:00pm (AKST) on March 19, 2023.
Assistant Municipal Prosecutor. Anchorage, AK. Assistant Municipal Prosecutor positions provide a unique opportunity to gain valuable courtroom experience in Alaska’s trial courts. Attorneys cover court hearings several days a week and handle all aspects of a misdemeanor caseload from screening cases to drafting and negotiating plea offers to taking the case to jury trial. We have a collegial work environment supportive of new attorneys and seasoned attorneys alike. Successful applicants will enjoy a fast-paced office, embrace multi-tasking, and become a valuable part of our collaborative team. We work closely with the Anchorage Police Department, the District Attorney’s Office, and members of the public who have been impacted by crime. One attorney in our office is cross-designated as a Special Assistant United States Attorney at the U.S. Attorney’s Office for the District of Alaska. Applications are due by March 20, 2023.
Assistant Attorney General. Alpine, CA. The Assistant Attorney General will work in the Office of the Attorney General under the direct supervision of the Attorney General for the Viejas Band. The Assistant Attorney General will work with the Attorney General and Deputy Attorneys General to render legal services to the Viejas Band, including its government departments, enterprises, and elected officials. Competitive salary depending on experience and comprehensive benefits. Open until filled.
Attorney. Washington, D.C. Represent the Commission in all phases of judicial proceedings, including review of the agency’s decisions in the federal courts of appeals, appellate cases in which the Commission participates as amicus curiae, and district court proceedings to defend the agency or to enforce agency investigative document demands; Work with the FTC’s Bureaus of Competition and Consumer Protection in developing and litigating Commission lawsuits for injunctive relief and consumer redress under the FTC Act, and represent the Commission in all appeals in such cases; Coordinate with and provide assistance to the Department of Justice in litigating suits challenging Commission action, preparing amicus briefs, and developing litigating positions in the Supreme Court; and Provide legal counsel to the Commission and its officers, including litigation assessments of proposed cases and advice on legal questions of all stripes. Closing date: March 23, 2023.
Legal Intern. Pembroke, NC. Main Duties: research, contract reviews etc. Closing: Open Until Filled.
Click here for last week’s job announcements!
This week both Minnesota and Wyoming adopted new state ICWA laws.
After nearly a year of dedicated work by stakeholders, including tremendous tribal leadership, Minnesota updated the Minnesota Indian Family Preservation Act.
Minnesota-2023-SF667-Engrossed
In addition, due to tremendous tribal leadership, the state of Wyoming adopted the entire federal ICWA into state law, creating the Wyoming Indian Child Welfare Act. This act was signed into law by the governor yesterday.
I’m getting a lot of calls and emails about state ICWA laws in light of the pending Brackeen case. A good state ICWA law that is specific to the state practices (see Oregon ICWA law or MIFPA as an example) can take months to complete, especially to ensure participation by all stakeholders, including tribal, parental, and state interests. Until Brackeen is released, it is very difficult to preemptively legislate, or legislate in a way that protects ICWA from the Court’s ruling. However, for states that have no state ICWA laws, if there is the political will to follow the Wyoming lead of incorporating the entire federal law into state law, this would be beneficial if the Court rules that ICWA violates commandeering concerns (ie. states can’t be forced to follow ICWA because it is federal law commandeering their agencies).
But it is important to remember that the Court can rule in a myriad of ways, there is no way to predict the outcome, and it is entirely possible that states will have to revisit their state laws in light of the decision–even those that replicate ICWA. I particularly like the Wyoming model of also passing a law creating *and funding* a taskforce to develop a state specific ICWA as well.
We keep state ICWA laws here: https://turtletalk.blog/icwa/comprehensive-state-icwa-laws/.
Turtle Talk 
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