Smith v. United States: SCT Challenge to ACA Jurisdiction on Warm Springs Reservation

Here is the cert petition:

Question presented:

Whether the Assimilative Crimes Act, 18 U.S.C. § 13, applies to Indian country-either on its own or through the General Crimes Act, 18 U.S.C. § 1152-such that the federal government may prosecute Indians for virtually any state-law offense committed in Indian country, including on lands promised by treaty for the “exclusive use” of Indian tribes.

Lower court materials here.

Friday Job Announcements

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

  • Position title
  • Location (city, state)
  • Main duties
  • Closing date
  • Any other pertinent details, such as a link to the application
  • An attached PDF job announcement or link to the position description

Harvard Law School

Staff Attorney. Cambridge, MA. The Emmett Environmental Law & Policy Clinic at Harvard Law School is inviting applications for a full-time Staff Attorney. The Clinic works with scientists, medical professionals, nonprofit and public interest organizations, and state, municipal, and tribal government clients on environmental and energy issues at the federal, state, and local level. The work includes writing comments and briefs about federal and state regulations, drafting climate change mitigation and adaptation regulations and policies for municipalities, preparing guidance documents and manuals for non-lawyers, drafting model legislation, and preparing policy papers. Open until filled.

Gila River Indian Community

Court Clerk. Sacaton, AZ. The Court Clerk provides administrative and technical support to the courts by receiving, preparing and processing documents; maintaining databases and files/records; receiving and recording payments. This position interacts, assists the public, maintains a caseload, and coordinates with the Judge on scheduling and courtroom management. Closing Date: 03/09/2023.

Peebles Kidder

Law Clerk. Sacramento, CA, Louisville, CO, Rapid City, SD, Topeka, KS, and Washington, D.C. Experience or coursework in tribal and Federal Indian Law is strongly preferred.  Applicants must also possess excellent analytical, research and communication skills, and the ability to work independently and as a team member in a fast-paced environment.  Peebles Kidder offers a competitive hourly wage for a 10-week summer position. Closing Date: March 31, 2023.

Midwest Environmental Advocates

Staff Attorney for Native Nation Partnerships. Madison, WI. Midwest Environmental Advocates (MEA) is hiring a Staff Attorney for Native Nation Partnerships to focus on providing environmental legal support to Native nations and other Indigenous partners within Wisconsin’s borders. The attorney’s work will be guided by the needs and requests of these partners. The attorney will assist Native nations to obtain recognition of their environmental standards by the Environmental Protection Agency and other non-Native governments. The positions will also provide legal support to Native nations when state and federal government agency decisions implicate Tribal environmental sovereignty or other environmental interests. Applications will be considered on a rolling basis until the position is filled. Please see the position description for more information. 

United States Department of Agriculture

Program Analyst (Policy and Program Advisor, Farm Production and Conservation Portfolio). Washington, D.C. (Telework Eligible). Serve as a subject matter expert and liaison between the Secretary and all agencies on Indian land tenure and ownership issues.

Closing Date: 3/14/2023.

Administrative Assistant. Anywhere in the U.S. (Remote Job). Plan, evaluate, and coordinate a variety of essential business management activities and services. Closing Date:  3/13/2023.

The Catawba Nation

Associate Court Judge-Law Trained. Rock Hill, SC (Hybrid) The Associate Tribal Court Judge will be responsible for providing a full range of judicial services by hearing cases in the Governance Court regarding, but not limited to administrative decisions regarding Tribal governance matters. This position will be part time, with a variable schedule dependent on case filings and flexible work arrangements will be considered. This is anticipated to be approximately 1-15 hours per month. The duties performed require the individual to exercise considerable independent judgement in managing the docket, ruling on motions and adjudicatory cases, conduct hearings, and decide cases in a fair and impartial manner to the end that justice may be administered and law order maintained. Closing Date: March 3, 2023.

Hopi Tribe

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. Keams 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. Keams 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.

Earthjustice

Litigation Assistant, Clean Energy. San Francisco CA, Denver CO, Los Angeles CA, New York City NY, Washington DC, Philadelphia PA. The Senior Litigation Assistant will join a team of seven Litigation Assistants and paralegals who provide administrative and litigation support services for approximately thirty active Clean Energy Program attorneys practicing in state and federal courts, in public service commissions, at the Federal Energy Regulatory Commission, and in other administrative forums. Closing date: 3/5/2023.

Office of the Secretary of Interior, Office of Congressional and Legislative Affairs

Legislative Affairs Specialist. Washington, D.C. Duties of the Specialist include 1) drafting and analyzing legislative proposals and other bills covering Indian Affairs policies, programs, and procedures; 2) coordinating communications with Congressional offices to present or obtain information relating to legislation involving Indian Affairs programs, and 3) supporting AS-IA principals as they appear before Congressional committees as expert witnesses to justify and advocate Indian Affairs and Department views. Application deadline: 03/04/2023.

Harvard University

Staff Attorney – Emmett Environmental Law & Policy Clinic. Cambridge, MA. The Clinic works with scientists, medical professionals, nonprofit and public interest organizations, and state, municipal, and tribal government clients on environmental and energy issues at the federal, state, and local level.  The work includes writing comments and briefs about federal and state regulations, drafting climate change mitigation and adaptation regulations and policies for municipalities, preparing guidance documents and manuals for non-lawyers, drafting model legislation, and preparing policy papers. Open until filled.

Ziontz Chestnut

Summer Law Clerk. Seattle, WA. Duties include assisting with any/all current legal matters as assigned. The position closes on May. 1, 2023.

Kazhe Law Group PC

Associate Attorney. Elk Grove, CA. This position will be in support of the senior partner and include client management and supervisory duties in a team-oriented practice. This is a full-time, in-office position with the billing requirement of 130 hours per month. The attorney in this position will have immediate responsibility. This is an opportunity to build a career in a favorable environment that encourages your personal and professional development. Our firm strives to practice ethically, responsibly, and giving the highest quality representation for our clients. Position open until filled.

Pokagon Band of Potawatomi Indians

RFP – Dowagiac River Environmental Condition Inventory. Dowagiac, MI. The Pokagon Band of Potawatomi Indians is soliciting RFPs for proposals from companies interested in the Dowagiac River Environmental Condition Inventory. The Pokagon Band of Potawatomi Indians would like to invite you to submit a proposal in accordance with our RFP process. Closing time for receipt: March 8th, 2023.

Navajo Nation Judicial Branch

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. Closing Date: February 27, 2023 at 5:00 p.m.

American Indian Governance and Policy Institute – University of Montana

Director. Missoula, MT. The Director will be responsible for all aspects of leading and growing AIGPI; in addition to overseeing daily operations and ongoing engagement with tribal governments, this includes engaging in significant fundraising efforts and securing outside funding sufficient to cover all costs associated with AIGPI after the first year. For assistance with this, the Director will work with the ORCS and the University of Montana Foundation (UMF) to identify and apply for research and other funding opportunities. The Director is also responsible for coordinating AIGPI’s fledgling research program and related activities, keeping them on schedule, within stated budgets, and functioning smoothly. Priority Application Deadline is Monday, March 13, 2023.

Mille Lacs Band of Ojibwe Indians

Deputy Solicitor General. Onamia, MN. 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.  Open until filled.

Click here for last week’s job announcements!

California COA Briefs in Greenville Rancheria v. Austin [yet another faction-on-faction suit]

Here:

Jacob Jurss on ICWA and Brackeen

Here is “Counterpoint: Tribal rights, futures must not be plundered again” in the Minnesapolis Star-Tribune.

Prevailing Tribes Seek More than One Million in Attorney Fees against California

Briefs:

Motion for Attorney Fees

Opposition

Reply

Prior post here.

Montana Federal Court Dismisses RICO Suit against Crow Nation Nursing Home, For Now

Here are the new materials in Wilhite v. Littlelight (D. Mont.):

59 Motion to Dismiss

73 Response

76 Reply

77 Magistrate Report

78 DCT Order Adopting Magistrate Report

Prior post here.

Washington Federal Court Dismisses Constitutional Challenge to Washington Class III Compacts Allowing Tribal Sports Betting

DALL-E’s interpretation of “tribal sovereign immunity”

Here is the order in Maverick Gaming LLC v. United States (W.D. Wash.):

Briefs here.

New Book by Rebecca Webster: “In Defense of Sovereignty”

You can buy it here.

In Defense of Sovereignty
Protecting the Oneida Nation’s Inherent Right to Self-Determination
Rebecca M. Webster
Foreword by Richard Monette
With contributions by James R. Bittorf, William Gollnick, Frederick E. Hoxie, Arlinda F. Locklear, and James W. Oberly
“This valuable book lays out the features of a legal and political strategy to defend a reservation boundaries case. This material is thrilling where tribal citizens detail their ongoing, real-world struggles with the Village of Hobart. Successful and compelling.”
—Matthew L. M. Fletcher, author of Ghost Road: Anishinaabe Responses to Indian-Hating

A nuanced history by an Oneida Nation citizen directly involved in the litigation

The Oneida Nation has been engaged in legal conflicts to retain its sovereignty and its lands since forced removals in the 1820s from New York to what would become the state of Wisconsin. Legal scholar Rebecca M. Webster examines this history, including the nation’s treaties with the US and focusing especially on its relationship with the village of Hobart, Wisconsin. Since 2003, six disputes have led to litigation—the result of attempts by the local government to regulate the nation, repudiate its sovereignty, and relegate its government to the position of a common landowner, subject to municipal authority.

In Defense of Sovereignty shares the perspective of a nation citizen directly involved in the litigation, augmented by contributions from historians, attorneys, and a retired nation employee. It is an intimate and unflinching account of the impact of these jurisdictional battles and what is at stake for the future. Its lucid analysis is an invaluable contribution to public debates about the inherent right of Indigenous nations to continue to exist and exercise self-governance within their territories without being challenged at every turn.
 Rebecca Webster. Photo credit, Stephanie Stevens.Rebecca M. Webster, an assistant professor in the American Indian studies department at the University of Minnesota, Duluth, is a former senior staff attorney for the Oneida Nation.

OJS TJS to host virtual Part 3 of VAWA Roundtable Discussion Series, March 8

VAWA Roundtable Discussion: Sentencing and the Value of a Pre-Sentence Report in Tribal Courts

March 8, 2023

on Zoom Webinar

11-4pm ET | 10 -3pm CT | 9-2pm MT | 8-1pm PT | 7-12pm AKT

Visit www.vawaroundtable.com to register at no cost and view all information as it becomes available.