Turtle Talk

Matthew L.M. Fletcher

The goal of this Essay for the Wisconsin Law Review’s Symposium on the Restatement of the Law of American Indians is to develop a framework on the durability of this Restatement. The aadizookaanag are unusually durable in terms of their transmission of underlying, foundational lessons, but the stories change all the time. The earth diver story explores and describes the critically important connection between the Anishinaabeg and the creatures of Anishinaabewaki, but only at a very broad level of generality. How the Anishinaabe tribal government in the twenty-first century translates those principles into modern decision- making requires new analysis, new stories. Additionally, old aadizookaanag may fade into irrelevance, even disrepute, as times and conditions change.

Law is the same. Restatements are intended to be durable and persuasive, supported by the great weight of authority, but not permanent. There are provisions in the Indian law Restatement I believe are truly timeless, while the law restated in some sections is likely to change a great deal over the next few decades. I choose four sections in the Restatement and match each with one of the four directions sacred to the Anishinaabeg. The youngest direction, Waabanong, the east, is the most likely to change. The next youngest, Zhaawanong, the south, is older, but still subject to change. Niingaabii’anong, the west, is still older, wiser, less likely to change, but also very dark in its philosophies. Kiiwedinong, the north, is the oldest, wisest, and most durable, yet distant. A Restatement section includes blackletter law, law that is well-settled and indisputable. The reporters’ notes that accompany the blackletter law constitute the legal support for that statement of law. The stronger the legal support, the more durable the black letter.

In the east, I choose one of the plainest, easiest-to-restate principles of federal Indian law, the bar on tribal criminal jurisdiction over non- Indians. In the south, I choose the law interpreting the federal waivers of immunity allowing tribes to sue the United States for money damages. In the west, I choose the darkest, yet perhaps the most foundational, principles, the plenary authority of Congress in Indian affairs. For the north, I choose tribal powers, the oldest and most durable of all of the principles in the Restatement.

Indian Sovereignty in Context

Diane P. Wood

Almost 200 years ago, in the Cherokee Nation cases, Chief Justice John Marshall famously described Indian tribes as “domestic dependent nations.” It’s a catchy phrase, but it falls far short of a clear description of the complex relationship between the Indian tribes, bands, nations, and similar groups in the territory encompassed by the United States and the government of that territory. It also elides the equally complex issue of the relationship between Indian tribes and the constituent states of the United States. In the end, the problem may be that modern notions of self- determination, integrity of national boundaries, and conquest simply do not map well onto the history of our part of the North American continent from the late fifteenth century to the present. The best we can do is to articulate rules, canons of interpretation, and principles from the law that has developed in the hope of clarifying and settling the law we now have.

No one could have undertaken that task with more sensitivity, expertise, and objectivity than the Reporters of the American Law Institute’s soon-to-be-published Restatement of the Law of American Indians—Professors Matthew L.M. Fletcher and Wenona T. Singel and Attorney Kaighn Smith, Jr. Indeed, this may have been one of the most challenging Restatements the ALI has ever undertaken. Most of the time, the common law (or interstitial law relating to a statute) has developed organically in the state and federal courts, and the job of the Reporters is to distill the rules that have emerged. This isn’t always easy, of course: sometimes no single rule floats to the top of the barrel, and so the Reporters must choose the one that seems best to represent the state of the law. Sometimes (though less often) the Reporters propose that the ALI adopt a minority position that is better reasoned or that seems to capture a trend of thinking.

Right-of-Way Sovereignty

Brian L. Pierson

Effective April 21, 2016, the Department of the Interior adopted new right-of-way regulations at 25 C.F.R. Part 169 that fundamentally change the Department’s historical approach. While the Right of Way Act still requires that the BIA approve rights-of-way, the new rules reflect a reinterpretation of the federal government’s trust responsibility with respect to rights-of-way. Instead of the federal government continuing to retain virtually all regulatory authority and substituting its judgment for that of tribes, the rules explicitly support tribal decision-making and the exercise of tribal regulatory authority.

This Essay briefly reviews the history of rights-of-way through Indian country, describes the new paradigm adopted under the 2016 regulations, and suggests how tribes can harness that paradigm to strengthen tribal sovereignty and generate revenue.

Who, What, Where, and How: The Fundamental Elements for Contracts Implicating Tribal Sovereign Immunity

Lorenzo E. Gudino

Continue reading →

Tenth Circuit Dismisses Navajo Farmers Claims Arising from Gold King Mine Spill

May 4, 2022Matthew L.M. Fletcher

Here is the opinion in Allen v. Environmental Restoration LLC.

Briefs:

Opening Brief.pdf Download

Answer Brief.pdf Download

Gold Mine Amicus Brief.pdf Download

Reply.pdf Download

Greg Bigler on Euchee De’ela and the Foundations of Tribal Society

May 3, 2022Matthew L.M. Fletcher

Gregory Bigler has posted “Foundations of Tribal Society: Art, Dreams, and the Last Old Woman,” published in the UCLA Indigenous Peoples’ Journal of Law, Culture & Resistance, on SSRN. Here is the abstract:

The Last Old Women is a story written in the traditional Euchee de’ela style. These de’ela, told in our language, often involved animals, usually told to children. Unfortunately, these are seldom heard any more for many reasons, not the least of which is the changing, or disappear-ing, structure of Euchee society. This de’ela, is a parable about what can happen when we no longer tell our stories, no longer use our language, no longer gather together to remember. The story illustrates how simple structures within our traditional tribal society may require explanation to those not of our tribal society, sometimes including own people. When we discuss traditional people and their beliefs rarely do we articulate the issues using the forms to which they themselves subscribe. Forms matter, process matters.

Following the Last Old Woman an essay lays out how art, language and ceremony comprise our tribal societies. But these cannot exist in-dividually if we wish self-determination to mean anything. Art, culture, language, traditions, and ceremony—society—are intricately woven together. One is the other: art (for us mostly song and dance) is sacred and the sacred has life. One can look to various markers to see how this lack of a coherent society impacts tribal people. Our languages disappear, ceremonies cease. Native Art is produced for outsiders. Many traditional Indigenous People face an uncertain future unless space is created for our society. Yet our traditional people still dream this future into existence. But our advocates and attorneys must help to implement this dream. Thus, we must celebrate our tribal forms, and recognize the work done by such as Rabbit and the Last Old Woman so that their end does not arrive.

HIGHLY RECOMMENDED! Greg is Euchee strong.

David Moore and Michalyn Steele on Revitalizing Indian Sovereignty in Treatymaking

May 3, 2022Matthew L.M. Fletcher

David H. Moore and Michalyn Steele have published “Revitalizing Indian Sovereignty in Treatymaking” in the N.Y.U. Law Review.

Abstract:

In the current model of federal-Indian relations, the United States claims a plenary legislative power, as putative guardian, to regulate Indian tribes. Under this model, tribes are essentially wards in a state of pupilage. But the federal-tribal relationship was not always so. Originally, the federal government embraced, even promoted, a more robust model of tribal sovereignty in which federal-Indian treatymaking and diplomacy figured prominently. Through treaties, the United States and tribes negotiated territorial boundaries, forged alliances, facilitated trade, and otherwise managed their relations. In 1871, Congress attempted to put an end to federal-Indian treatymaking by purporting to strip tribes of their status as legitimate treaty partners. In a rider to the 1871 Appropriations Act, Congress prohibited the recognition of tribes as sovereign entities with whom the United States could negotiate treaties. Since that time, the 1871 Act and the plenary power-pupilage model it entrenched have grown deep roots in federal Indian law and the policies of the United States. Congress has aggrandized its role in tribal life at the expense of tribal sovereignty, and the coordinate branches of the federal government have acquiesced in this foundational shift.

The literature of federal Indian law has wrestled with the doctrine of plenary power, contemplated the fate of the federal-tribal treaty relationship, and questioned the constitutionality of the 1871 rider. This Article posits new arguments for the unconstitutionality of the 1871 Act, uprooting the presumptions underlying the Act and revitalizing the prospect of federal-Indian treatymaking. Two recent developments provide an opportunity for such a transformation. In Zivotofsky v. Kerry, the Supreme Court held that the President alone possesses the power to recognize foreign states and governments. While Zivotofsky was a landmark case for U.S. foreign relations law, its potential significance for federal Indian law has gone underappreciated. Zivotofsky did not directly address the locus of power to recognize tribal sovereignty to enter treaties, but it prompts the question and provides a blueprint for arriving at an answer. Engaging that blueprint, this Article argues that the President possesses the exclusive power to recognize tribes’ sovereign capacity to enter treaties. The result: The 1871 Act is unconstitutional because it attempts to limit that power. In our view, the President can and should unilaterally reengage in federal-Indian treatymaking, revitalizing treatymaking and reanimating the sovereignty model of federal-Indian relations.

A second development, the Supreme Court’s decision in McGirt v. Oklahoma, is less fundamental to the argument but also significant for revitalizing tribal sovereignty. In McGirt, the Court recognized the ongoing vitality of federal-Indian treaties that were entered when the sovereignty model prevailed, strengthening both claims to tribal sovereignty and the viability of treatymaking in the federal-Indian relationship.

The implications of these developments are significant. Deracinating the 1871 Act disrupts the dominance of the plenary power doctrine and pupilage model with their attendant abuses, more fully realizes the promise of the United States’ policy of Indian self-determination and commitment to international norms, and generates positive ripples for Indigenous-state relationships across the globe.

HIGHLY recommended.

*End of Federal-Tribal Treatymaking & Great Chicago Fire of 1871* — Coincidence or Correlation?

Fourth Circuit Briefs in Williams v. Martorello [Tribal Lending]

May 2, 2022Matthew L.M. Fletcher

Here:

Williams Brief.pdf Download

Martorello Brief.pdf Download

Lower court materials here.

Sarah Deer, Elise Higgins & Thomas White on Racist Editorializing about ICWA

April 30, 2022Matthew L.M. Fletcher

Sarah Deer, Elise Higgins, and Thomas White have published “Editorializing ICWA: 40 Years of Colonial Commentary” in UCLA’s Indigenous Peoples’ Journal of Law, Culture & Resistance.

An excerpt:

Despite studies concluding ICWA has been a successful law to curb the crisis of child removal in Indian country when implemented correctly, a significant number of attorneys, think tanks, and politicians argue that ICWA actually harms Native children and should be repealed. Oth- ers argue that ICWA has served its purpose and is no longer necessary. This article considers how newspaper editorials perpetuate misinformation about ICWA, its history and its purpose. Moreover, we explore how anti-ICWA authors employ “words of colonialism”—in particular, the use of derogatory words and phrases to portray Native people as bad parents and Tribal Nations as dysfunctional. Providing inaccurate and racist characterizations of ICWA is one of the primary tactics used by editorials to delegitimize ICWA. Emotionally triggering and wholly inaccurate language is often employed as a sensationalist method to grab the reader’s attention by presenting the law in terms of clear-cut morality.

*Frederick Thompson Richards, Life Magazine, 1900*

Job Announcements

April 29, 2022Monica Williamson

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:
1. Position title
2. Location (city, state)
3. Main duties
4. Closing date
5. Any other pertinent details, such as a link to the application
An attached PDF job announcement or link to the position description.

Come work with us! Indigenous Law and Policy Center and Michigan State University College of Law: Communications Coordinator

A description of the position is below, and the MSU HR link is here. The deadline for applying is May 3, 2022.

Position Summary

The College of Law Indigenous Law & Policy Center (ILPC) welcomes candidates who have a passion for working in indigenous rights advocacy; experience working with indigenous peoples and diverse groups of people; strong communication and organizational skills; and exhibit a high degree of professionalism and the ability to work in a self-directed environment or in a group setting. The Indigenous Law & Policy Center Communications Coordinator supports the ILPC by assisting with developing website content, electronic newsletters, visual aids, social media posts, and other organizational communications aligned with the ILPC’s needs and strategic initiatives. The Communications Coordinator also maintains the ILPC office and assists ILPC faculty and staff in coordinating events, conferences, and student programming. The ILPC welcomes candidates who (1) have a passion for working in indigenous rights advocacy; (2) have experience working with indigenous peoples and diverse groups of people; (3) have strong communication and organizational skills; and (4) exhibit a high degree of professionalism and the ability to work in both a self-directed environment and in a group setting.

The ILPC currently includes a Director, Associate Director, Clinic Director, and Legal Counselor. The Center works very closely together to recruit students; provide services to students, clinical clients, and tribal governments; provide teaching and learning opportunities related to Indigenous law; produce original research and scholarship on Indigenous law; and host events at the law school.

The Communications Coordinator reports to the Director and Associate Director of the ILPC and assists the ILPC team in providing administrative support. In collaboration with the College of Law Director of Events and the Director of Communications and Marketing, the Communications Coordinator:

• Assists the ILPC faculty and staff with planning and coordinating all ILPC events.
• Coordinates lunches, speaking events, and ILPC visits for students interested in Indian Law.
• Plans and organizes the annual ILPC conference.
• Manages marketing materials that amplify and strengthen ILPC presence at MSU, Michigan tribal communities, and within Indian country.
• Drafts ILPC correspondence and creates newsletters for the ILPC community, students, and alumni.
• Manages the ILPC social media accounts, including Turtle Talk.
• Attends Indian law events and conferences 1-4 times per year to promote the ILPC and its objectives; requires overnight travel.

Work type: Support Staff
Pay Grade: 10
Major Administrative Unit / College: Michigan State University College Of Law
Department: Juris Doctorate Programs 40001138
Sub Area: AP- Professionals
Salary: Salary Commensurate with Experience
Location: East Lansing
Categories: Administrative/Business/Professional, Administrative Professionals- AP, Full Time (90-100%), Union, Remote-Friendly

Unit Specific Education/Experience/Skills

Knowledge equivalent to that which normally would be acquired by completing a four-year college degree program in Communications, Telecommunications, Journalism, Marketing, or Public Relations; up to six months of related and progressively more responsible or expansive work experience in internal communications; news, broadcasting, and print media, and/or marketing, advertising, and creative services; graphic design; word processing; desktop publishing; web design; presentation software; spreadsheet and/or database software; public presentation; or radio production; or an equivalent combination of education and experience.

Desired Qualifications

• Experience working with Native American and Indigenous communities.
• Excellent oral and written communication skills.
• Experience in event planning and logistics for on-campus events.
• Ability to work with a variety of individuals.
• Experience using WordPress and social media platforms.
• Ability to multitask.
• Experience using programs like InDesign and Photoshop.
• Experience in Communications, Development, Marketing, or related fields.
• Experience working in a university environment.

Applications close: May 3, 2022 Eastern Daylight Time

American Indian Law Center, Inc.

Executive Director. Albuquerque, NM. The Executive Director communicates long range vision and strategy that enables board, staff, and volunteers to fulfill the mission of the AILC; directs all operations including the Pre-Law Summer Institute (PLSI), the Southwest Intertribal Court of Appeals (SWITCA) and other training and technical support for tribal leaders and tribal courts; formulates and implements programs and policies adopted by the Board of Directors; Promotes image and reputation of the AILC. Sets strategy for fundraising and development efforts to fund AILC programs and staff salaries. Closing date is May 20, 2022. Visit the website for the full description.

Omaha Tribe of Nebraska

Attorney General. Omaha Tribal Court Macy, Nebraska Omaha Tribe of Nebraska. The position of Attorney General shall be responsible for protecting all Tribal assets, defending the integrity of the Tribe, assisting and advising all Tribal entities in their pursuit of progress on behalf of Tribal members, and managing and providing legal services and representation to the Tribe, the Tribal Council, the Tribal Government, and its Tribal Entities. The Attorney General is prohibited from offering legal advice or representing private individual members, but instead serves to protect the rights of all members of the Omaha Tribe administering fair and impartial justice. Open Until Filled.

Tribal Prosecutor. Omaha Tribal Court – Macy, Nebraska Omaha Tribe of Nebraska. Shall prosecute all criminal matters in the name of the Omaha Tribe of Nebraska, making independent decisions on whether to file formal charges, the nature of those charges, whether to recommend plea bargains and trying both jury and non-jury cases. Performs other duties as assigned by the supervisor. Open until filled.

Pueblo of Laguna

Family Legal Assistance Attorney; Dept: Government Affairs Office. Closing date for application submission – April 29, 2022. Please visit the Pueblo of Laguna website for more information and application instructions at www.lagunapueblo-nsn.gov or you can contact the Human Resources office at (505) 552-6654.

Pueblo of Isleta

Family Services Presenting Officer. Isleta Pueblo, New Mexico. The Presenting Officer will be responsible to act as the legal representation for the Pueblo of Isleta Social Services, Truancy Department, and Intervention Officer in matters where court and/or legal interventions are needed to ensure the safety and well-being of the Pueblo of Isleta community members. Open Until Filled. Apply at www.isletapueblo.com/careers.

Southern Ute Indian Tribe

Tribal Attorney. Ignacio, CO. Join the in-house Legal Department on the Southern Ute Indian Reservation in southwest Colorado. The team of attorneys in the Legal Department provides legal representation, advice, and support to the Tribal government, including Tribal Council, Tribal officials, and Tribal departments. A strong command of Federal Indian law and understanding of tribal sovereignty in this position is essential, as is an ability to provide legal advice on a variety of topics in a fast-paced environment. This position requires a minimum of three years of full-time experience practicing law, including significant Indian law experience. For more information about the position and to apply, please visit here. The deadline for applications is 5:00 MDT on May 16, 2022.

Picayune Rancheria of Chukchansi Indians

Attorney General. Oakhurst, CA. The position of Attorney General shall be responsible for protecting all Tribal assets defending the integrity of the Tribe, assisting and advising all Tribal assets, defending the integrity of the Tribe, assisting and advising all Tribal entities in their pursuit of progress on behalf of Tribal members, and managing and providing legal services and representation to the Tribe, the Tribal Council, the Tribal Government, and its Tribal Entities. The Attorney General is prohibited from offering legal advice or representing private individual members, but instead serves to protect the rights of all members of the Tribe administering fair and impartial justice. Maintains confidentiality of all privileged information. Position is open until filled. Visit the website for the full description.

Lac Vieux Desert Band of Lake Superior Chippewa Indians

Assistant General Counsel/Assistant Prosecutor. Watersmeet, Michigan. This position will split their time between duties of Assistant General Counsel and Assistant Prosecutor. Under the direction of the General Counsel, the Assistant General Counsel provides legal services and representation to the Tribe, its agencies, and its enterprises in a broad variety of matters, including contract law, employment law, administrative law, real estate matters, Indian gaming regulation, taxation, tribal jurisdiction, environmental law, cultural resource preservation, child welfare, and legislation. Though we are looking for applicants with experience in one or more of the listed fields, you do not need experience in all the listed fields to be a good candidate. Please see the position description for more information. Posting is open until filled. Please see the full posting and application here. Any interested applicant should email a CV/resume to karrie.wichtman@lvd-nsn.gov.

U.S. District Court for the Central District of California

(3) Law Clerks. Judge Sunshine Sykes (Navajo Nation), Stanford ’97 and SLS ’01, and California Superior Court Judge, has been nominated to the U.S. District Court for the Central District of California. Judge Sykes seeks to hire three clerks to begin upon her confirmation. The terms would be flexible for one to two years starting in June or early July 2022 and ending in the fall of 2023 or 2024. The start dates are dependent upon the Judge’s confirmation vote, and the end dates are flexible. The positions would be located in the Riverside, CA courthouse.

Application materials: cover letter; resume; unofficial law school transcript; writing sample (any length, but not edited by others or only slightly edited by others); three letters of recommendation. Please submit applications ASAP but no later than 5 pm Pacific on Friday, May 6. Submit application materials by email to yunpovi@stanford.edu. Application materials should be emailed with the subject line “Sykes Application [Applicant Name]” and letters of recommendation with the subject line “Sykes Letter [Applicant Name].”

California Department of Justice – Office of Native American Affairs

Staff Services Analyst. Open in numerous cities, Sacramento, Alameda, San Francisco, Los Angeles, San Diego. Under the supervision of the Staff Services Manager (SSM) I, the Staff Services Analyst performs a variety of analytical tasks related to the efficient functioning of the Office of Native American Affairs. A high degree of initiative, professionalism, tact, and discretion are required. The incumbent performs duties that require independence of action, analysis, political acumen, excellent interpersonal skills, diplomacy, flexibility and the ability to work under pressure. Closing Date – May 5, 2022.

Staff Services Manager I (Specialist). Open in numerous cities, Sacramento, Alameda, San Francisco, Los Angeles, San Diego. The Staff Services Manager (SSM) I (Specialist) serves as a highly-skilled Department specialist for the Office of Native American Affairs (ONAA), Tribal Assistance Program (TAP). On behalf of the Director of ONAA, the SSM I serves as a subject matter expert, and acts as a point of contact and lead coordinator with other Department of Justice (DOJ) divisions and sections for TAP, such as the DOJ’s Research Center, external consultants, and the designated Special Agent in Charge (SAC) from the Division of Law Enforcement (DLE). The SSM I is responsible for providing lead direction to program staff, as well as serve as a liaison, as directed by the Director, with other government and community agencies, for all necessary and mandated activities and product materials for the successful implementation of the Tribal Assistance Program (Assembly Bill (AB) 3099). Closing Date – May 5, 2022.

California Indian Legal Services

Legal Administrative Assistant. CILS Office Eureka, CA. Under the supervision of the Directing Attorney, this is a full-time position devoted to enhancing attorney effectiveness by providing information-management support; administrative and clerical support in a legal office environment. The work is specialized and requires knowledge of the preparation and processing requirements of legal documents, legal terminology, civil procedures and discovery, sources of law and the court system. Some duties include: Answer and direct incoming calls to appropriate staff including Intake workers, Greet and maintain professional tact in dealing with or assisting CILS clients, Maintain general organization and function of the office, and more. Minimum of 2-3 years’ experience. Closing date: May 10, 2022.

Intertribal Court of Southern California

Summer Law Clerk. Valley Center, CA. Under the supervision of the court solicitor, this position has responsibility for the provision of legal research and writing in support of the operation of the Court. Duties include researching issues of federal Indian and tribal law raised in pleadings; assisting in drafting bench memoranda and judicial opinions as requested; analyzing member tribal ordinances, regulations, and policies; and assisting in developing court forms and bench guides as requested. Closing date is May 23, 2022. See position announcement for additional information.

Center for Indian Country Development

Data Operations Director. Minneapolis, MN. The new hire will co-lead the research side of the CICD’s new data initiative, which aims to supply the data that tribal leaders, stakeholders, and researchers need to support Indian Country economic prosperity. Responsibilities will include building and maintaining new datasets, working with data partners, and supervising research staff, among other activities. More details and the application portal can be found here. Applications will be processed on a rolling basis, and we look to conclude our search in the next 4-6 weeks.

Waséyabek Development Company

WDC Board Member. Grand Rapids, MI. The individual appointed will serve an approximate four (4) year term of office ending June 30, 2026 but will be eligible for re-appointment to subsequent four (4) year terms. Members of the Board of Directors will receive a monthly stipend. WDC creates and stimulates the economy of the Nottawaseppi Huron Band of the Potawatomi. For more information and RFQ information, please see the description.

Sonosky, Chambers, Sachse, Endreson, & Perry LLP

Associate Attorney. San Diego, CA. Sonosky, Chambers, Sachse, Endreson, & Perry LLP is a national law firm dedicated to representing Native American interests in a wide range of endeavors – including trial and appellate litigation, federal Indian law, tribal law, Indian self-determination and self-governance matters, transportation and infrastructure, natural resources, and economic development, among others. Closing date: Open until filled. Please see at the attached description for more information. Interested applicants should send the following to Kathryn Wray at kwray@sonosky.com (please also copy Lynne Hernandez at lhernandez@sonoskysd.com):

Cover letter;
Resume;
Law School Transcript; and
Writing sample (a writing sample relevant to our practice area is preferred, but not necessary).

Attorney. Albuquerque, New Mexico. Seeking attorney with 5 or more years of experience in litigation, transactional, water, natural resource, or Indian law matters. Interested applicants should have strong credentials and a commitment to representing Native American interests. More details about the firm are available at www.sonosky.com. This position is open until filled. Applicants should be licensed to practice or eligible to become licensed to practice law in New Mexico.

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, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

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, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Senior Programmer Analyst, Window Rock, AZ. Under general direction of the Attorney General and Deputy Attorney General, performs a variety of complex duties such as installing, programming, maintaining, and saving of organization’s digital information within the Office of the Attorney General. Responsibilities: Serves as a resource person with regard to matters relating to information systems, development and implementation of security controls, efficient use and maintenance of system and equipment; Facilitates implementation management information systems; Installs and maintains servers on local area networks; performs network device configurations, workstation set ups and assigns nodes or network address definitions; installs and monitors performance of servers on local area networks; coordinates system and LAN changes in users; performs diagnostic and problem resolution with staff; participates in formulation of integrated support plans for multiple local are network; Maintains knowledge of current trends in hardware and software technology relating to the practice of law, selecting the most feasible and economic methods to operate existing system. This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Senior Programs and Projects Specialist, Window Rock, AZ. Under the supervision of the Attorney General and Deputy Attorney General will provide high level assistance to the Office of the Attorney General/Department of Justice (DOJ) with program/project management related to DOJ’s work with Fiscal Recovery Funds (FRF) matters. Assists in analyzing, developing, and achieving short and long term goals and objectives; establishes performance criteria; and plans, evaluates and improves program delivery; Attends a variety of meetings related to FRF/ARPA; assists OAG with preparation for meetings and events; coordinates program activities and communications with other Navajo Nation offices and the general public. Administers FRF funding for DOJ in compliance with FRF and American Rescue Plan Act requirements, policies and procedures under federal and Navajo Nation law. Assists in development of budget. Assists with procurement of goods and services pertaining to DOJ’s FRF-related work; reviews contracts; troubleshoots issues with procurement and vendors; monitors expenditures; prepares funding reports. This position is open until May 2, 2022 by 5:00 p.m., please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

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. Participate in Legislative Branch and Executive Branch meetings, including Standing Committee meetings and Council Sessions and meetings with other clients, regarding approval of FRF expenditure plans and the planning and implementation of FRF programs and projects. This position is open until May 4, 2022 by 5:00 p.m., please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Attorney (Natural Resources Unit), Window Rock, AZ. Under general direction of the Assistant Attorney General or the Attorney General and Deputy Attorney General. Review documents, such as services 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. Participate in Legislative Branch and Executive Branch meetings, including Standing Committee meetings and Council Sessions and meetings with other clients, regarding approval of FRF expenditure plans and the planning and implementation of FRF programs and projects. This position is open until May 10, 2022 by 5:00 p.m., please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

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 serves at the pleasure of the Chief Prosecutor. This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Senior Prosecutor, Shiprock, 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. Attends staff meetings, training, law seminars and workshops; provides training to Prosecutors and Juvenile Presenting Officers and on request to law enforcement personnel; collaborates with law enforcement agencies; negotiates settlement with opposing parties. Present major and complex litigation in District and Family Courts; perform extensive legal research; and perform other work-related tasks/assignments as assigned. This position is sedentary with a potential for high levels of stress. This position serves at the pleasure of the Chief Prosecutor. This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Prosecutor, Window Rock, AZ. 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 serves at the pleasure of the Chief Prosecutor. This position is open until May 4, 2022 by 5:00 p.m., please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Attorney (2 positions), Window Rock, AZ. Under supervision of the Chief Prosecutor represents the interest of the Navajo Nation government. Reviews major crimes cases investigated by the Navajo Department of Criminal Investigation and Federal Bureau of Investigation that are not prosecuted in federal court. Determines whether to recommend to the Chief Prosecutor prosecutions within a relevant Navajo Nation District Court. Considers the weight of the evidence, the importance of the case, the necessity of uniform application of law throughout the Navajo Nation, and other considerations which bear on the advisability of initiating the filing of criminal charges. Prepares memorandum of fact and law where appropriate. Initiates filing of pleadings, petitions and motions with the appropriate Navajo Nation court, prepares and tries the case. Actively presents the cases, preparing witnesses, examining and cross-examining witnesses and composes lines of argument. This position serves at the pleasure of the Chief Prosecutor. This position is open until May 11, 2022 by 5:00 p.m., please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Senior Legal Secretary, Shiprock, NM. Provides legal office administrative support to prosecutorial office. Drafts legal correspondence and reports, develops and maintains legal case files; proofreads all legal documents for accuracy, completeness, and conformance; maintains and prepares for destruction legal documents with applicable policy and regulations; receives criminal complaints/police reports and juvenile referrals and processes them (via Justware) for prosecutor review and filing. Receives incoming motions and pleadings, generates subpoenas, affidavits, and notice for submission to the courts. Meets with prosecutors on case management support and assist in communicating with witness, defense council and victims for upcoming court hearing, Collects and compiles statistical information from Justware and related sources for special and quarterly reports and projects. Maintains court hearing dockets and court schedule for calendaring. This position is open until May 11, 2022 by 5:00 p.m., please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

2022 Summer Law Clerk – Intern Positions Available with the Navajo Nation Department of Justice

The Navajo Nation Department of Justice (NNDOJ) is comprised of the Office of the Attorney General, the Office of the Prosecutor and the Navajo-Hopi Legal Services Program, and provides legal services to the Navajo Nation government, including the Executive, Legislative, and Judicial Branches, and to the 110 local governing chapters. These are paid positions and working remotely is an option.

Minimum Qualification: Enrollment in a law school accredited by the American Bar Association

Preferred Qualification: Completion of a law school course on Federal Indian Law

To apply, please submit the following: 1) a letter of interest that specifies area(s) of practice of interest; 2) resume; 3) law school transcript; and 4) a brief (5-10 page) writing sample to DOJ at general@nndoj.org.

The Navajo Nation Department of Justice will contact qualified applicants for an interview. Those selected for law clerk positions will be required to complete a Navajo Nation Employment Application at: http://www.dpm.navajo-nsn.gov/Forms/NNAPP09162016_Fill_In.pdf

See previous job posts.

North Dakota SCT Holds State Courts Have Jurisdiction over Trenton Indian Housing Authority Lands

April 29, 2022Matthew L.M. Fletcher

Here are the materials in Trenton Indian Housing Authority v. Poitra:

20210302-15-APPELLANT BRIEF.pdf Download

20210302-20-APPELLEE BRIEF.pdf Download

20210302-26-REPLY BRIEF.pdf Download

Opinion.pdf Download