U.S. Senator Instrumental to ICWA Has Passed Away

https://www.washingtonpost.com/obituaries/2023/02/24/james-abourezk-senator-dakota-dies/

Senator James Abourezk passed away on Friday. He was 92 years old. He was the first chair of the Senate Committee on Indian Affairs. In that role, he was the lead Senator pushing for ICWA, and held hearings for over three years, taking testimony on what was happening to Native families across the country.  He sponsored S.1214,  the Senate bill that led to the House bill which became ICWA. He held the 1974 Hearings, as well as the 1977 and 1978 Hearings.  NARF has collected his letters, where he expressed unreserved support for Native children, families, and tribes. Here is the opening paragraph of one of his letters on the eve of voting:

Throughout the course of this legislation the authors of this bill have been charged with having placed the interests of Indian tribes and the parents of Indian children above the interests of the child itself. I have always rejected this charge. The central concern of this legislation is the welfare of Indian children. Both the Senate and the House version are based on the assumption and indeed the finding that the interests of Indian children are best served by preserving their relationship with their natural family whenever possible, and when that is not possible, placing them with a family or in a setting which shares their own cultural values and heritage.

ICWA was a result of the hard work of so many people, but Senator Abourezk was instrumental in not only its passage, but in preserving the testimony of Native parents, leaders, and elders about the time before ICWA. His kindness to those who were testifying about horrible treatment they received is evident in the record, as was his indignation at that treatment. He did all of this in a single term in the Senate, and was also instrumental in ISDEAA and AIRFA. From the Washington Post:

Mr. Abourezk represented South Dakota for single terms in the U.S. House and U.S. Senate during the 1970s, where he exemplified a brand of Democratic politician known as Prairie Populist. He fought passionately — and with humor — for those he felt were the downtrodden: farmers, consumers and Native American people.

Mr. Abourezk was the first chair of the Senate Committee on Indian Affairs and successfully pressed for the American Indian Policy Review Commission. It produced a comprehensive review of federal policy with American Indian tribes and sparked the Indian Self-Determination and Education Assistance Act, the American Indian Religious Freedom Act and the Indian Child Welfare Act — a landmark piece of legislation meant to cut down on the alarming rate at which Native American children were taken from their homes and placed with White families.

I never got to meet the Senator, but it is still very difficult for me to put into words the impact of his single Senate term. I can’t help but think that his leadership in the Senate, with his unreserved support for Native families and tribes, is especially needed now.

Oklahoma Federal Court Dismisses Zombie Challenge to Gaming Compacts

Here are updated materials in Cherokee Nation v. Stitt, now captioned Wichita & Affiliated Tribes v. Stitt (W.D. Okla.):

Prior post here.

CFC Dismisses Blackfeet Tribal Member’s Trust Breach Claims

Here are the materials in Gilham v. United States (Fed. Cl.):

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.