Here are the materials in Pacino v. Oliver (N.D. Cal.):
71 Tribal President Motion to Dismiss
98 DCT Order to Show Cause re Tribal Exhaustion
103 Round Valley Amicus Suppemental Brief
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
Housing Staff Attorney. Bishop, CA. The position will be primarily dedicated to eviction defense and homelessness prevention for low-income clients. Our fast-paced Office provides legal services related to homelessness prevention through community education, advice and consultation, representation without litigation, direct representation of tenants in Unlawful Detainer (eviction) proceedings in state court, and affirmative litigation on behalf of tenants against unlawful housing actions by landlords. The Housing Staff Attorney will assume a varied caseload that will include all the above. Our Office’s eviction defense work covers a large service territory including Alpine, Mono, and Inyo Counties. The far reaches of Alpine and Inyo Counties are a 4-hour drive one way from the Bishop Office. As a Staff Attorney you will collaborate with other CILS Directing Attorneys and the Legal Director for the purpose of managing legal work, mentoring and supervision, assistance and administration of local case management systems, grant and special project development and implementation, as directed by the Bishop Office’s Directing Attorney, the Legal Director, or the Executive Director. Closing date: 2.28.23
CA ChangeLawyer Fellowship. Bishop, CA. With support from California ChangeLawyers, California Indian Legal Services is hiring a fulltime summer fellow (current law student), post-bar (fall) fellow, or recent law school graduate, for a 2023 summer or fall fellowship. Supervised by the Bishop field office Directing Attorney and at the direction of the Legal Director, who supervises all CILS advocate work, the fellow will work collaboratively with other staff to provide exceptional legal services in multiple areas of federal Indian law. The fellow will have the opportunity to assume a varied case load that may include: brief counsel and services to low income Indian individuals; state and federal court litigation; contract negotiation; advising tribal clients; developing and implementing constitutions, codes, and policies for tribal clients; making presentations; and ICWA related dependency cases. While the fellow will be exposed to a variety of federal Indian laws, the fellow’s focus will be primarily on Native American Indian Allotments. The fellow will focus on a project to help Indians with interests in allotments to create organizations and implement decision making structures for economic development. The fellow will research and prepare a self-help guide for allottee interest holders to organize themselves and develop the allotment by forming an organization or family trust (entity) to make decisions on behalf of a majority of the interest holders. Closing date: 2.28.23
Summer Associate 2023. Tempe, AZ. This is a 40 hour/week in-office position with remote work flexibility, as needed and approved upon hire. Applicants must have completed 1L or 2L year by Summer 2023. Excellent research abilities. Excellent written and oral communication skills. Indian law coursework and work experience is preferred but not required. Closing Date: February 10, 2023.
Associate Attorney, Fossil Fuels. New Orleans, Houston or Austin. Earthjustice is soliciting applications for an Associate Attorney to join the Fossil Fuels Program. We use the power of the law to challenge the onslaught of new oil and gas infrastructure development that threatens climate, communities and the environment. This position will focus on oil and gas infrastructure in the U.S. Gulf region (Texas and Louisiana) and will be based in one of three locations: (1) in the New Orleans’ satellite office space shared with other Fossil Fuel Program staff, (2) in the Earthjustice Houston office, or (3) remote from Austin, Texas. Application deadline of 2/26/2023.
Associate Attorney, Oceans. San Francisco, CA. Earthjustice’s Oceans Program seeks an Associate Attorney to assist with our international legal advocacy and litigation to protect our planet’s oceans. This position can start in April, June, or September 2023. The position will be based preferably in our San Francisco, CA office. Application deadline of 2/26/2023.
Senior Attorney, Gulf Regional. Houston, TX. Earthjustice is seeking a senior attorney to join our new Gulf Regional office, located in Houston, Texas or remotely from Texas, Louisiana or Mississippi. Apply by date preferred: 3/5/2023.
Assistant Public Defender. Durant, OK. You will defend all indigent clients in felony, misdemeanor, and traffic cases that are punishable by incarceration in the Choctaw Nation of Oklahoma District Court. You will report to the Public Defender Director and will be officed at the Public Defenders Office in Durant, Oklahoma. Closing Date: 3/08/2023.4
Assistant General Counsel. Peshawbestown, Michigan. Remote work possible after 90 day probationary period. Provides legal representation for the Grand Traverse Band of Ottawa and Chippewa Indians Tribal Council (GTB). The candidate must be able to perform both legislative and executive services. The candidate must have also engaged in federal district court litigation at the trial and appellate level; published opinions preferred. Minimum 8 years’ experience in Indian law. Brief writing sample is mandatory. Indian preference applies. Open until filled.
Assistant General Counsel-Water. Albuquerque, NM. Under the general supervision of the In-house General Counsel, the Assistant General Counsel is a key member of the Pueblo’s legal team. The Assistant General Counsel’s responsibilities will cover a variety of legal matters that would typically confront a tribal general counsel’s office, including: providing a diverse range of legal advice to the Pueblo and its economic enterprises; performing high level legal research and analysis in various areas of law and policy; and serving as the primary legal contact for the Pueblo’s enterprises on contract matters, subject to the direction and oversight of the General Counsel. A background in Indian law is required, without exception. Open until filled.
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. 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. 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. Open until filled
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.
Chief Judge. Port Angeles, WA. The Chief Judge is chief judicial officer of the Lower Elwha Klallam Tribal Court, the trial court of the Lower Elwha Klallam Tribe. The Chief Judge is appointed to a four-year term by the Lower Elwha Business Committee, the elected governing body of the Tribe. This position is responsible for fairly and impartially hearing and deciding judicial matters within the jurisdiction of the Lower Elwha Tribal Court pursuant to the Lower Elwha Klallam Tribal Judicial Code, ordinances, regulations, and applicable Federal and local laws. The Chief Judge conducts hearings and trials and performs other judicial duties. The Chief Judge is also the administrative supervisor of all Tribal Court staff and as such is responsible for the efficient and effective operation of all aspects of the Lower Elwha Tribe’s trial-court-level judicial system and for proper administration of justice. The Chief Judge has no direct authority over the Lower Elwha Court of Appeals, which consists of Justices appointed by the Business Committee under contract. Closing Date: February 18, 2023.
Tribal Deputy Prosecutor. Port Angeles, WA. The Tribal Prosecutor is a critical partner in advancing these goals while identifying and addressing associated threats to the political, social, and cultural integrity of the Tribe relating to tribal justice and victimization. Closing Date: February 18, 2023.
Tribal Defense Attorney. Port Angeles, WA. The Tribal Defense attorney is responsible for representing defendants in adult criminal cases, youth in delinquency and status offense cases, parents or other legal custodians in child dependency cases, and Elwha Tribal members in contested traffic, housing, and civil regulatory cases. Closing Date: February 18, 2023.
Tribal Government Relations Lead. San Francisco, CA. The Tribal Government Relations Lead is responsible for overseeing the San Francisco State University (SF State) NAGPRA Program, compliance with both NAGPRA and CalNAGPRA, and Tribal, local, state, and federal engagement. The candidate will help guide the actions of SF State in meeting the goals of the NAGPRA program to (1) continue ongoing NAGPRA and CalNAGPRA compliance (2) help SF State establish a proactive and sustainable NAGPRA consultation program with Native American Tribes. Closing date: Open until filled.
Attorney. Brimley, MI. The attorney works under the direct supervision of the President of the Bay Mills Indian Community and Bay Mills Community College, and provides strategic legal advice as counsel for and on behalf of the Bay Mills Indian Community, and all its governmental and commercial entities to advance compliance with applicable laws, to appear as such before all federal, state and tribal courts, tribunals, departments, agencies and committees of Congress and the State legislatures, including services in connection with tribal claims against the United States. Work directly in developing tribal legislation, public policy, regulations, and represent Bay Mills in cases related to federal Indian law, the Indian Child Welfare Act, Indian gaming, environmental law, or natural resource law. Closing Date: Open Until Filled.
Attorney I. Hybrid – CA. Do you want to work directly with the state’s principal energy policymakers? The California Energy Commission seeks an Attorney I in the Regulatory & Advisory Unit of the Chief Counsel’s Office. The Chief Counsel’s Office is a full-service law office involved in all phases of Commission activity. Final day to apply: 2/26/2023.
Request for Proposal – Arizona Legal and Litigation Services. Window Rock, AZ. Assist the Navajo Nation Department of Justice, Water Rights Unit in legal and litigation services related primarily to the Water Rights in the State of Arizona. Closing Date: February 17, 2023
Request for Proposal – Federal Lobbying and Legal Services. Window Rock, AZ. Assist the Navajo Nation Department of Justice, Water Rights Unit to provide legislative, lobbying and/or legal services. Closing Date: February 17, 2023.
Request for Proposal – New Mexico Legal and Litigation Services. Window Rock, AZ. Assist the Navajo Nation Department of Justice, Water Rights Unit in legal and litigation services primarily to Water Rights in the State of New Mexico. Closing Date: February 17, 2023.
Request for Proposal – Utah Legal and Litigation Services. Window Rock, AZ. Assist the Navajo Nation Department of Justice, Water Rights Unit in legal and litigation services primarily to Water Rights in the State of Utah. Closing Date: February 17, 2023.
Research & Policy Intern (Summer 2023). Washington D.C. ELI is seeking Research & Policy interns for the summer of 2023 to assist with our portfolio of uniquely positioned environmental law and policy projects addressing critical environmental and sustainable development challenges domestically and internationally. Application Deadline: 3/1/23.
Associate Attorney. Rapid City, SD. Provide counsel and legal services to new and existing clients in a professional and expedient manner. Interact in person with clients – travel in the region is required for this position. Apply knowledge of legal procedures and previous cases to effectively counsel clients. Conduct legal research by preparing legal memoranda and drafting pleadings required in all aspects of tribal, federal, and state litigation matters. Represent clients in tribal, federal, and occasionally in state courts. Draft contracts and agreements and analyze legal documents. Conduct legal research and gather evidence; interpret laws, rulings and regulations. Apply knowledge of legal procedures and previous cases to effectively counsel clients. Comply with all court, state bar and inter-office policies and procedures. Achieve firm’s monthly and annual billable hours requirement.
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Noelle N. Wyman has published “Native Voting Power: Enhancing Tribal Sovereignty in Federal Elections” (PDF) in the Yale Law Journal. Here is the abstract:
Members of tribal nations are disproportionately burdened by barriers to voting, from strict voter identification and registration requirements to inadequate language assistance and inaccessible polling locations. Restrictive voting laws are on the rise, while the avenues for challenging them under the prevailing model of voting rights are narrowing. This Note advocates for a different approach to conceptualizing and combatting Native American voter suppression.
First, it advances a new jurisprudential theory centered on tribal sovereignty: suppressing the Native vote not only denies rights to individual citizens but also denies sovereign power to tribes. Historically, states required Native American people to renounce tribal membership, culture, and lands to vote. Today, states and localities continue to denigrate tribal sovereignty in the administration of elections, such as by rejecting tribal-issued IDs and interfering with tribes’ organization of their own political communities. Apart from securing the fundamental rights of individual Native citizens, Congress has a substantive duty to secure tribal sovereignty in federal election administration that is rooted in its trust obligation to tribes.
Second, this Note proposes a new legal framework for enhancing Native voting power: Congress should require states and local election officials to negotiate with federally recognized tribes toward the formation of tribal-state compacts governing federal election administration in Indian Country. This framework would relieve tribes of the burdens that they currently carry to initiate collaboration with local election officials, fill gaps in voter assistance, and challenge unlawful voting restrictions in court. Meanwhile, it would involve tribes in the process of lawmaking and regulation, enabling them to exert a measure of sovereign power over federal elections in Indian Country.
Here, on Prism, is “Supreme Court Rulings Undermine Indian Law.”
An excerpt:
Levy Uyeda: What is sovereignty, and how has its definition changed over time?
Fletcher: Sovereignty, I suspect, is not really an Indigenous principle. It comes from the notion that there is an all powerful sovereign entity like a king that has an absolute monopoly on violence, over lands, and over the people on those lands, who typically are called subjects. By offering individual rights to people in the U.S. we’ve papered over some of the difficult aspects of that understanding of sovereignty. On one hand, when tribes assert sovereignty, it means tribes are saying that there is a hierarchical group of people and an elite that makes decisions for all others beneath them.
Tsosie: I do agree that the terminology of “sovereignty” is problematic because Anglo-American law and jurisprudence does give that hierarchical meaning that comes out of English tradition.
I tell my students that the term “property,” which also has that Western meaning, along with “sovereignty,” are both modes of discourse. If you think about these terms in the context of a treaty, the treaty is designed to be a contract between sovereigns.
Over the past few weeks, a number of states have been considering state ICWA laws. I’m keeping the bills updated here, along with their current status when I’m notified of it. https://turtletalk.blog/icwa/comprehensive-state-icwa-laws/
Today the AP had news coverage of the bills here
Finally, here is a link to the testimony that took place yesterday in the Minnesota Senate.
This bill is supported by the ICWA Law Center, one of the only organizations that provides direct, trial level legal services to Native families, and they do it very well. They are currently holding a fundraiser with Heart Berry:
And listen, I’m not responsible if you follow that link and then get sucked into buying a whole bunch of stuff from Heart Berry because it’s basically impossible not to. I don’t make the rules.
I won’t lie, guys, I had to read this one multiple times to figure out what was going on. Essentially the Montana legislature passed a law without understanding the difference between hearings that fall under 1912(a) and 1922. 1912 governs foster care proceedings and requires notice, active efforts, qualified expert witness testimony, etc. 1922 governs emergency proceedings (1922 has language that all states essentially read out of the statute to achieve this jurisdiction, which only makes sense to ICWA practitioners and no one else). Emergency proceedings do not require notice and the other 1912 protections, but it has a higher standard for removal (imminent physical damage or harm). The Montana statute denied parents of Indian children a faster emergency hearing because of the belief that 1912 standards (specifically notice) had to be hit before there could be a reason. The Court overturned this language.
Also interesting is the issue of trying to appeal proceedings that are emergency/shelter care/24 hour/48 hour/preliminary hearings in child protection proceedings. There’s often not a final order coming out of those hearings, and no way for a parent or tribe to appeal an emergency decision (this was an issue in the In re Z.J.G. case in Washington as well). Here, the District Court argued there was no way for the appellate court to hear the case because of the nature of the hearings.
Finally, the District Court argues this matter does not meet the threshold criteria for a writ of supervisory control because no urgent or emergency factors make appeal an inadequate remedy. The court alleges that in this case, it was later determined that O.F. is not an Indian child, and A.J.B. and O.F. have been “conditionally reunited.” However, as A.J.B. asserts in her petition, she does not appear to have any remedy on appeal for the denial of her right to an EPS [emergency] hearing, and the potentially erroneous loss of the right to parent, even for a short time, is a matter of great urgency.
Here the appellate Court heard the case anyway and overturned the statute.
Of course, you may also remember the federal case in South Dakota attempting to remedy emergency hearing practices there in ICWA cases that was dismissed on appeal because the federal court stated there were Younger abstention issues.
Arizona v. Navajo will be argued on March 20, 2023.
LDF v. Coughlin will be argued on April 24, 2023.
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