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

The Office of the Solicitor, Northeast Region, Twin Cities

Summer 2023 Law Clerk/Internship. Bloomington, MN. Desired Class Level(s): 1L, 2L. Duties include: (1) Drafting legal memoranda and litigation reports. (2) Drafting title opinions for land acquisition. (3) Participating in conference calls and strategy sessions with client agencies and the Department of Justice. In our regional legal office, our primary clients are the Bureau of Indian Affairs and the U.S. Fish and Wildlife Service. The full-time schedule is flexible and remote work may be necessary due to the pandemic. Closing date: January 6, 2023. 

Native American Unit, Northwest Justice Project

Outreach Worker. Seattle, WA or another NJP office location by agreement. Primary duties are to conduct outreach to Native American communities, including tribal courts, tribal social services departments, and other tribal entities, as well as organizations serving urban Native American communities. Open until filled.

The Gaming Enterprise Board of the Seminole Nation of Oklahoma

RFP – Legal Services. The engagement will continue through the year ending September 30, 2023, with an option for the Board to extend the contract for up to two (2) additional years. The selected contractor must have tribal governmental and gaming experience. Some travel to the vicinity of Seminole, Oklahoma may be required. Obtaining a license to practice law within the Seminole Nation Tribal Court shall be required. Also, the selected respondent shall be subject to the Seminole Nation Gaming Agency licensing requirements. Interested parties must submit written proposals on or before the close of business on December 30, 2022. 

United States District Court Western District of Washington

Term Law Clerk to U.S. District Judge John H. Chun. Seattle, WA. Law Clerks work closely with the Judge on civil and criminal litigation filed in District Court. They conduct research and prepare drafts of opinions and orders. Law clerks also have the opportunity to work on various long-term projects, be involved in courtroom proceedings, and assist in the development of a judicial extern program. Open until filled.

United States District Court Western District of Washington

Term Law Clerk to U.S. District Judge Tana Lin. Seattle, WA. Law Clerks work closely with the Judge on civil and criminal litigation filed in District Court. Law clerks conduct research and prepare drafts of opinions and orders. Law clerks will also have the opportunity to work on various long-term projects, be involved in courtroom proceedings, and assist in the development of a judicial extern program. Law Clerks are responsible for administrative duties in chambers, assist in running chambers, and assist in oversight for externs. Open until filled.

University of North Dakota

NAGPRA Compliance Liaison. Grand Forks, ND. The NAGPRA Compliance Liaison coordinates compliance, consultations, repatriations and other activities associated with ensuring UND’s compliance with the Native American Graves Protection and Repatriation Act (NAGPRA). The Liaison coordinates the disposition and repatriation of culturally identifiable and unidentifiable ancestors and objects, establishes and maintains relationships with tribal communities, and serves as institutional point of contact for all NAGPRA inquiries and reports. Closing date: 12/14/2022.

The Nottawaseppi Huron Band of the Potawatomi

Chief Justice. Fulton, MI. The Nottawaseppi Huron Band of the Potawatomi seeks a Chief Justice for the Tribal Court to be appointed for an approximate term of four (4) years (January 1, 2022-December 31, 2026).  This is a part-time position and will be compensated on an hourly basis.  The position does require flexible hours as required to address requests for warrants and hearings requiring emergency or expedited consideration. Deadline to apply: 12/08/2022 by 5:00pm.

Pokagon Band of Potawatomi Indians

RFP – Assessment of Department of Finance. Dowagiac, MI. More information can be found within the linked PDF. Closing time for receipt: December 30th, 2022.

Wilton Rancheria

Appellate Panel Vacancy. Elk Grove, CA. In addition to reviewing the decisions of the Tribal Court, Appellate Panel Judges have an advisory role in development and improvement of court procedure. Judges are expected to attend regular court development meetings. Submissions must be received by December 15, 2022.

ABA Commission on Domestic and Sexual Violence

Senior Attorney. Washington, D.C. As part of the Commission’s Training and Technical Assistance Unit, the Senior Attorney will plan, develop, and host national and regional, multi-day, in-person and virtual continuing legal education programs for attorneys representing victims of domestic violence, dating violence, sexual violence, and stalking violence. This position will entail high level substantive legal work, and conduct in-depth and complex legal writing and research, manage and support Commission projects, direct educational activities, and provide technical assistance to attorneys across the country. The Senior Attorney will also engage in grant development and fundraising. Open until filled.

Ute Mountain Ute Court of Indian Offences

Magistrate Judge. Towaoc CO. The Magistrate contributes to the mission of this office by assisting in the administration of judicial services within the Southwest Region’s Court of Indian Offenses. Prior experience as a judge is recommended, but not required. Indian preference will be given to qualified candidates. Applications close 1/30/23.

The Office of Inspector General

Attorney Advisor. Location negotiable. OIG is seeking an experienced attorney to serve in the Advice Branch. The Attorney Advisor will be responsible for providing legal advice to OIG related to HHS programs, with an emphasis on OIG’s oversight of the Indian Health Service and the Department’s implementation of the Infrastructure Investment and Jobs Act (IIJA) (P.L. No. 117-58) and procurement and fiscal law. This is a permanent, full-time position. The position will be either be an Associate Counsel (GS-13) or Senior Counsel (GS14), depending on the attorney’s level of experience. This position has promotion potential to the GS-15 level. Closing date: 12/09/2022.

Hoopa Valley Tribe

Senior Tribal Attorney. Hoopa, CA.  This position serves in the Office of Tribal Attorney and provides a broad range of legal services to the Hoopa Valley Tribal Council, Tribal Chairperson, and various tribal departments and entities.  Major responsibilities include: developing tribal policies and drafting ordinances, reviewing business contracts and facilitating economic development efforts, representing the Tribe in civil and administrative proceedings, and conducting negotiations with local, state, and federal agencies.  At least four years of experience practicing Federal Indian Law or representing Tribal Governments is required. The position is open until filled. 

Yakama Nation Public Defender Office

Attorney. Toppenish, WA. The employee serves as attorney for the Yakama Nation Public Defender-Legal Aid Services Program and is responsible for providing quality professional legal representation and advice to tribal member clients in Tribal, Municipal, State and Federal Court systems or administrative agencies as assigned by the Lead Attorney-Program Manager. Employee is responsible for providing a full range of legal services to tribal members in areas such as, criminal, dependency, children’s court, fish and game, civil, family and Federal Indian Law matters, as assigned by the Lead Attorney-Program Manager. Services include legal research, evaluation of potential cases, analyzes and preparation of accepted cases, motions, hearings, trials and appeals. The attorney may be appointed by the courts as a Guardian Ad Litem in custody matters.

Mohegan Tribe

Health and Welfare Executive Officer. Uncansville, Connecticut. The Health and Welfare Executive Officer of the Mohegan Tribe will handle the overall administration and operation of the Tribal Member Services Department (TMS). This role is responsible for improving the overall well-being for the Mohegan Tribal Community, employees, and visitors to the reservation. The Health and Welfare Officer will set overall strategic direction of the department and will implement short and long-range goals and objectives. They will promote delivery of integrated services to meet the health and welfare needs of tribal members and their families. Position is opened until filled.

Little Traverse Bay Bands of Odawa Indians

Legislative Services Attorney. Harbor Springs, MI. The primary function of the Legislative Services Attorney is to serve the Tribal Council and provide legal advice in order to promote and protect Tribal Sovereignty, Tribal Self-sufficiency, and Tribal Self-determination. The Legislative Services Attorney shall interact and communicate with Tribal Council and Tribal Council committees, representatives from other tribes, local, state, and federal units of government when necessary; and in some cases, the Tribal citizens, while maintaining effective cooperative relationships. The Legislative Services Attorney will provide representation of Tribal Council; provide advice and analysis of the Tribal Constitution, Tribal Codes, state and federal laws and regulations; negotiate and draft legal, business and State/Tribal documents; and draft Resolutions, Statutes, Certified Motions, policies, procedures, Legislative Directives, Declarations, Special Tributes, agreements, proposals, legal memorandums, Memorandums of Understandings (MOU), Leases and contracts for the Tribe and Tribal Council. Open until filled.

Navajo Nation Department of Justice, Office of the Attorney General

Principal Tribal Court Advocate. Window Rock, AZ.  Performs legal work related to representation of the Navajo Nation government, as assigned by the Assistant Attorney General, including legal research, negotiations, legal writing, drafting pleadings, briefs, memoranda, resolutions and other documents for the divisions, departments, or programs assigned. Child Support Enforcement: Present child support enforcement cases before the Office of Hearings and Appeals. Participate in case staffing with Child Support Enforcement officers; provide legal advice and case strategy. This position is open until filled.

Principal Attorney (Water Right Unit). Window Rock, AZ.  Under general direction of the Assistant Attorney General or the Attorney General and Deputy Attorney General, professionally represents the Nation in multiple water rights adjudications pending in state and federal courts, in state administrative water rights matters and in any settlement negotiations concerning the Nation’s water rights. The Principal Attorney works closely with technical staff within the Water Rights Unit Staff, Department of Water Resources and other programs within the Navajo Nation, and with consultants retained to provide technical support to the Nation or to serve as expert witnesses. The Principal Attorney provides legal advice on all water rights matters to the Office of the President and Vice President, the Office of the Speaker, the Navajo Nation council, and its committees and subcommittees and the Navajo Nation Water Rights commission (NNWRC) to ensure that the water rights of the Navajo Nation are effectively pursued and protected.  This position is open until filled.

Principal Attorney. Window Rock, AZ.  Under general direction of the Assistant Attorney General or the Attorney General and Deputy Attorney General, represents the Navajo Nation government; Review documents, such as service contracts, sub-recipient and grant agreements, legislation, proposed policies, etc., for legal sufficiency. Participate in negotiations regarding legal documents/agreements with parties outside of the Navajo Nation. Respond to Request for Services and other legal inquiries from clients. Perform legal research and provide legal advice verbally and in writing. Legal advice and services will include: conducting initial eligibility determination reviews on proposed FRF expenditure plans; interpreting federal, state, and Navajo laws, regulation, policies, and procedures; and advising on legal compliance in the implementation of FRF programs and projects. This position is open until filled.

Attorney (Litigation Unit). Window Rock, AZ.  Legal work related to federal, Navajo Nation, and state court and administrative tribunal representation of the Navajo Nation Government, as assigned by the Assistant Attorney General of the Litigation Unit or the Office of the Attorney General, and Deputy Attorney General, including legal research, pleading drafting, and settlement negotiation for Litigation Unit of the Department of Justice. Review of proposed disciplinary actions by Navajo Nation government programs for compliance with Navajo Nation Personnel Policies Manual and Navajo Preference in Employment Act. Drafting of proposed Navajo Nation legislation, regulations, and policies. Other duties as assigned.  This position is open until filled.

Attorney (Human Services and Government Unit). Window Rock, AZ.  Under general direction of the Assistant Attorney General or the Attorney General and Deputy Attorney General, represents the Navajo Nation government in reviewing documents, such as services contracts, sub-recipient and grant agreements, legislation, proposed policies, etc., for legal sufficiency. Participates in negotiations regarding legal documents/agreements with parties outside of the Navajo Nation. Respond to Request for Services and other legal inquiries from clients. Perform legal research and provide legal advice verbally and in writing. Legal advice and services will include: conducting initial eligibility determination reviews on proposed FRF expenditure plans; interpreting federal, state, and Navajo laws, regulation, policies, and procedures; and advising on legal compliance in the implementation of FRF programs and projects.  This position is open until filled.

Attorney Candidate. Window Rock, AZ.  Under general direction of the Assistant Attorney General, the Attorney General, or the Deputy Attorney General, provides legal direction to Navajo Nation Divisions, Departments and offices, regarding a wide range of legal issues, including statutory and regulatory authority, contracts and procurement issues, and intergovernmental relations; Assists Attorneys; prepares and presents civil cases in tribal court and administrative bodies; confers and provides guidance, and prepares advisory opinions for assigned departments and branches of the government; prepares interpretations of new legislation and judicial decisions; reviews contracts, leases, permits and related documents; interviews witnesses, complainants, and others on a variety of legal matters; conducts legal research, prepares briefs, pleadings and other legal documents.  This position is open until filled.

Senior Attorney (Tax and Finance Unit). Window Rock, AZ.  Respond to Requests for Services and other legal inquiries from clients, particularly in the area of the American Rescue Plan Act (ARPA) and federal Fiscal Recovery Funds (FRF). Perform legal research and provide legal advice orally and in writing.  Legal advice and services will include: conducting initial eligibility determination reviews on proposed FRF expenditure plans; interpreting federal, state, and Navajo laws, regulations, policies, and procedures; as well as advising on legal compliance in the implementation of FRF programs and projects. Participate in Legislative Branch and Executive Branch meetings, including Standing Committee meetings and Council Sessions, regarding approval of FRF expenditure plans and the planning and implementation of FRF programs and projects, in order to respond to legal questions pertaining ARPA and the use of FRF.  This position is open until filled.

Principal Attorney (Human Services and Government Unit). Window Rock, AZ. Provides legal direction to other attorneys and advocates in providing complex legal representation of Navajo Nation Divisions, Departments, and Programs regarding a wide range of legal issues. Some legal issues may include statutory and regulatory review, contract disputes and procurement issues, and intergovernmental relations; performs professional legal work, research; presents cases in court and performs related duties as required; confers with, gives advice to and prepares opinions for various departments and branches of the Navajo Nation; drafts legal and judicial processes; prepares interpretations of new legislation and judicial decisions; reviews contracts, mortgages, leases, permits and related documents; conducts interviews on a variety of legal matters; conducts legal research, prepares briefs, pleadings and other legal documents. Advises clients and members of the various oversight committees of the Navajo Nation Council, as is required, on legal questions. Provides opinions on Navajo Nation law and policies and/or legislations/resolutions that may impact the Navajo Nation. Assist in routine operation of the Department of Justice. This position is open until filled.

Legal Secretary (Water Rights Unit). Window Rock, AZ. Under the direction of the Administrative Legal Secretary and the Assistant Attorney General, provides general office support by greeting clients, answering telephone calls, and screening and routing calls, requests and visitors to Unit staff. Records messages accurately left by clients, callers, visitors, etc. Understands and utilizes software and technology necessary to perform duties, i.e. Microsoft Office, Outlook, Windows, Excel, PowerPoint, etc. Operates a variety of office equipment, including transcribing machines, calculators, copiers, facsimile machines, scanners, binding machines, printers, paper shredders and other types of equipment as technology changes. Schedules meetings, conferences, conference calls and other types of appointments. Prepares agendas and meeting materials. Prepares and assists in the preparation of notices, petitions, pleadings, complaints, briefs, summons, orders, affidavits and other legal forms and documents. Transcribes hearings, depositions, and minutes for use by attorneys. Develops and maintains case files for the Water Rights Unit. Prepares and/or assists with travel arrangements and required and related travel documents for Unit staff. Assists with administrative duties of other NNDOJ Units when assigned. Participates in general building maintenance in partnership with other NNDOJ Units. This position is open until December 01, 2022 by 5:00 p.m.

Navajo Nation Office of the Prosecutor

Prosecutor. Kayenta, AZ.  Represents the interest of the Navajo Nation in juvenile adjudications, dependencies, Children in Need of Supervision (CHNS); research and study of litigation of juvenile proceedings and child neglect cases including appellate cases, reviews police, social service, and related reports/complaints, and other law enforcement documents and reports; prepares oral arguments, gathers facts and data; determines if sufficient evidence exists to support the charges; attends juvenile related hearings in Navajo Nation Courts; conducts legal research; drafts complaints, motions and/or other legal proceedings; prepares a legal strategy; identifies and subpoenas witnesses, records and other information required to present the case, prepares legal memoranda, briefs, motions and other required documents for court presentation; performs extensive legal research. Makes decisions in sensitive case and seeks assistance as needed in the juvenile matter. This position is open until filled.

Senior Prosecutor. Crownpoint, NM. Represents the interest of the Navajo Nation in prosecuting individuals alleged to have violated provisions of the Navajo Nation Code and present major and complex litigation in District and Family Courts. Reviews citations, arrest sheets and other law enforcement documents and reports; interviews witnesses, gathers facts and data; determines if sufficient evidence exists to support the charges; conducts legal research; drafts complaints, motions and/or other legal proceedings; prepares a legal strategy; gathers and compiles evidence; identifies and subpoenas witnesses, records and other information required to present the case. Prepares and presents criminal and civil cases in the Navajo Nation and appellate courts; prepares legal memoranda, briefs, motions and other required documents for court presentation; collaborates with law enforcement agencies; and negotiates settlement with opposing parties. This position is open until filled.

Prosecutor. Crownpoint, NM.  Represents the interest of the Navajo Nation in prosecuting individuals alleged to have violated provisions of the Navajo Nation Code; reviews citations, arrest sheets and other law enforcement documents and reports; interviews witnesses, gathers facts and data; determines if sufficient evidence exists to support the charges; conducts legal research; drafts complaints, motions and/or other legal proceedings; prepares a legal strategy; gathers and compiles evidence; identifies and subpoenas witnesses, records and other information required to present the case. Prepares and presents criminal and civil cases in the Navajo Nation and appellate courts; prepares legal memoranda, briefs, motions and other required documents for court presentation; performs extensive legal research. This position is open until filled.

Investigator, Window Rock, AZ. Conducts thorough study of criminal complaints, police reports, conduct field investigations, collects evidence, and related documentation. Maintains daily log of activities/investigation progress. Conduct interviews of protentional and real witnesses and suspects, evaluates reliability and credibility; Completes field investigations on and off the reservation to locate suspects and witnesses, observe suspicious activity, trace financial transactions/records, and collect evidence. Conduct search and seizures, analyze forensic evidence, analyze financial documents, ability to recognize fraud/schemes and collect, classify, and enter into evidence findings. Have the ability to communicate verbally and in written form precisely. Prepare reports, legal pleadings criminal complaints, case chronologies, witness testimonies, and maintains statistics. Collects data, prepares sketches and/or diagrams of investigation crime scene, completes video taping, takes photographs, and recordings; recreate crime scenes, and preserve evidence. This position is open until December 20, 2022 by 5p.m.

Click here for last week’s job announcements!

North Dakota Law Review Indian Law Issue

Here:

TRANSCRIPTS

97 N.D. L. Rev. 297
It Is More Than Just A Calculation: Reframing Child Support In Indian Country
– Sharon Thompson

97 N.D. L. Rev. 307
Tribal Jurisdiction Under The Second Montana Exception: Implications Of United States v. Cooley
– Timothy Q. Purdon

97 N.D. L. Rev. 319
Indian Law: Criminal Law Panel
– Panelists: Breanna Delorme, Marjorie Kohls, Joseph Vetsch
– Moderator: Michelle Rivard Parks 

97 N.D. L. Rev. 331
Creating Space For Indigenous People In Law
– Erica Thunder

ARTICLES

97 N.D. L. Rev. 343
New Federal Initiatives For Indian Country Environmental Management
– James M. Grijalva 

97 N.D. L. Rev. 355
The Extradition Clause and Indian Country
– Grant Christensen

Angela Riley on Indigenous Cultural Property Law

Angela R. Riley has published “The Ascension of Indigenous Cultural Property Law” in the Michigan Law Review.

Prof. Riley presenting the paper last fall at ASU.

Here is the abstract:

Indigenous Peoples across the world are calling on nation-states to “decolonize” laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples’ cultural property and the harms of cultural appropriation, with calls for redress increasingly framed in the language of human rights. Over the last decade, Native people have actively fought to defend their cultural property. The Navajo Nation sued Urban Outfitters to stop the sale of “Navajo panties,” the Quileute Tribe sought to enjoin Nordstrom’s marketing of “Quileute Chokers,” and the descendants of Tasunke Witko battled to end production of “Crazy Horse Malt Liquor.” And today, Indigenous Peoples are fighting to preserve sacred ceremonies and religious practices at places like Standing Rock, Oak Flat, and Bear’s Ears. Though the claims range from “lands to brands,” these conflicts are connected by a common thread: they are all contemporary examples of Indigenous Peoples’ efforts to protect their cultural property. As issues surrounding cultural property play out on the global stage, there is a parallel movement underway within Indigenous communities themselves. More than fifteen years ago, in 2005, I conducted a comprehensive study of tribal law to understand what American Indian tribes were doing to protect their own cultural property within tribal legal systems. Since my original study, the ground around issues of cultural preservation and Indigenous rights—including the 2007 adoption of the United Nations Declaration on the Rights of Indigenous Peoples, among others— have reignited interest in Indigenous Peoples’ own laws. Inspired by a convergence of global events impacting cultural rights, in 2020 and 2021, I set out to update my survey results and analyze the tribal cultural preservation systems and tribal laws of all 574 federally recognized American Indian tribes and Alaskan Native Villages in the United States. This Article reports those findings, situating the results in a human rights framework and leading to a core, central thesis: the data reveal a striking increase in the development of tribal cultural property laws, as Indian tribes seek to advance human and cultural rights in innovative and inspired ways. Indeed, in this Article, I contend we are witnessing a new jurisgenerative moment today in the cultural property arena, with tribal law already influencing decisionmakers at multiple ‘sites’—international, national, and subnational—in real time, with great potential for the future. To further demonstrate this phenomenon, I highlight the case study of the recent agreement to repatriate the Maaso Kova, a ceremonial deer head, from Sweden to the Yaqui peoples, and I also introduce several other examples where the seeds have been planted for the growth of the next jurisgenerative moment in Indigenous cultural property rights.

HIGHLY RECOMMENDED!!!!

Parties Renew Motions for Summary Judgment in Sault Tribe Bid for Detroit-Area Casino

Here are the new materials in Sault Ste. Marie Tribe of Chippewa Indians v. Haaland (formerly Bernhardt, Zinke, etc.) (D.D.C.):

Time to rumble.

This case is on remand from the D.C. Circuit.

UDub Indian Law Symposium — Friday, Dec. 9, 2022

Register here.

UW Law will host the 35th annual Indian Law Symposium on Friday, Dec. 9, 2022, featuring a full set of topics from panelists across the country. Programming includes updates on litigation and federal legislation, an ethics session about cultural considerations for competent tribal legal representation, and sessions on tribes, mining and opportunities for reform; the Indian Child Welfare Act; and the Supreme Court.

The program will be held in a virtual format on Zoom. It is co-sponsored by the Washington Law Review and Native American Law Center.

Wisconsin Federal Court Issues Post-Trial Opinion in Bad River Line 5 Suit

Here is today’s opinion in Bad River Band of Lake Superior Tribe of Chippewa Indians v. Enbridge Energy Co. Inc. (W.D. Wis.):

This one has illustrations.

Prior post here.

California Federal Court Dismisses Final Two Defendants in Acres Bonusing v. Ramsey (formerly Marston)

Here are the materials in Acres Bonusing Inc. v. Ramsey (N.D. Cal.):

90 First Amended Complaint

96 Motion to Dismiss

101 Opposition

102 Reply

105 DCT Order

Prior post here.

From DALL-E, an abstract painting of a judge slapping someone with a fish. Yeah, sure, it could be that.

Fletcher and Khalil on ICWA Preemption and Commandeering

Fletcher and Randall F. Khalil have published “Preemption, Commandeering, and the Indian Child Welfare Act” in the Wisconsin Law Review.

Blurb:

We argue that the anti-commandeering challenges against ICWA are unfounded because all provisions of ICWA provide a set of legal standards to be applied in states which validly and expressly preempt state law without unlawfully commandeering the states’ executive or legislative branches. Congress’s power to compel state courts to apply federal law is long established and beyond question.

Excerpt from Fletcher comic book about the Brackeen argument that no one may ever read.