A Bit More on the “Indian Canon” Talk in the Ysleta Argument

Matthew L.M. Fletcher

What is the origin of the “Indian canon” asked Justice Alito?

Quick answer: The Constitution. The default interpretative rules in federal Indian law are rooted in separation of powers. The Constitution grants plenary power in Indian affairs to Congress. When Congress enacts a statute implementing its Indian affairs powers to benefit an Indian tribe, say, the Ysleta del Sur Pueblo Restoration Act, the Article III judiciary must defer to Congress’s Indian affairs powers and interpret the statute to reflect Congress’s wishes. The Ysleta restoration act is the epitome of an Indian affairs statute designed to benefit an Indian tribe. For the Supreme Court to interpret that statute to the advantage of the State of Texas on such a critically important point is for the Court to wildly overstep its place as a separate branch of government. Is that really so difficult?

Justice Kavanaugh asked a softball that should have ended with an answer like the one above (well, maybe not the last line):

JUSTICE KAVANAUGH: So that suggests you need more of a clear statement, and those usually — those clear statement rules usually reflect some constitutional or quasi-constitutional value, due process, extraterritorial structure, the structure of the country. What would that reflect here, that principle you just described?

p. 62, line 25 — p. 63, lines 1-7

This was NOT the answer we got:

MR. YANG: Well, I think it — it reflects that Indian tribes are sovereign nations, that they have before the founding of this country. And, you know, the Court’s opinion in Bay Mills tracks some of this. So, you know, whatever you think about the — canons in general and whether that should be, you know, plain statement, just, you know, tip the balance in ambiguity, the Indian canon, at least when we’re talking about tribal sovereignty and the application of state law on tribal lands, that does have a strong pedigree and I think ultimately it traces to the fact these are sovereign nations.

p. 63, lines 8-21

The fact that Indian tribes are sovereigns is true (so are states and so are foreign nations), but doesn’t answer whether the Court should privilege substantive canons favoring tribes over states. It’s a non-answer in the end, and allows room for a states’ rights oriented judge to toss up their hands and say, let’s give this one to the states so I can fulfill my political commitments without being too obvious about it.

“Welcome to the world of Cabazon”: Ysleta del Sur Pueblo Oral Argument Transcript + Initial Commentary

Matthew L.M. Fletcher

Here is the transcript. Background materials.

The meaning of the word “prohibited” in section 107 of the restoration act matters a great deal to this case. As Justice Kagan noted in a question to the tribe’s counsel:

It’s not the normal use of the word “prohibited.” It’s a Cabazon use of the word “prohibited.”

p. 11, lines 8-10

Justice Breyer asked an involved question that sort of encapsulates the issue:

I’m curious about the bingo machines. But if — suppose that IGRA applied. And suppose that Texas had a law which said you can play bingo up to — the one the Chief gave, up to $1,000, but not for more than 1,000. That’s a crime. Well, IGRA says, seems like the same problem. It — it — it — it says you have to have, I guess, gaming activity on Indian lands is okay if — if you have a compact or under 3, I guess, or something. If the gaming activity is conducted within a state, which does not as a matter of criminal law and public policy prohibit the gaming activity. All right, so isn’t it the same problem? I mean, because they do prohibit it over $1,000 but they don’t prohibit it under $1,000, but that you want to call regulation, but IGRA doesn’t seem to use the word regulation.

pp. 24, lines 11-25 — p. 25, lines 1-6.

Justice Alito, perhaps taking up a thread started by the Chief Justice, who wondered how a machine that looked like a video game can be considered bingo, asked about a hypothetical game called “dingo”:

Well, I’m puzzled by both your argument and by Cabazon. And, in particular, by how a court is going to decide whether these machines, which I don’t have a very clear picture of in my mind, are bingo or not bingo. If they are not bingo, they’re something else. Let’s say they’re dingo. . . . And how do you decide whether this thing is bingo. I mean, just like the platonic ideal of bingo?

p. 26, lines 13-20, p. 27, lines 7-9

Justice Kagan sort of came to the tribe’s rescue when she pointed out:

Because I guess I would have thought that your answer to Justice Alito was like: Welcome to the world of Cabazon. Sorry. You know? And that’s it. And it wouldn’t really depend on at all on whether there were experts about slot machines. So — so that’s sort of random thoughts, but, I mean, this is just the world of Cabazon and how do we take that into account?

p. 31, lines 16-24

Counsel for the tribe was spared the deep questions about this case, which were left to the United States. These questions were deeply unsettling, even to the SG’s attorney. The Chief Justice seemed concerned that the indeterminacy of the word “prohibited” was going to lead to a lot of litigation in federal court:

Mr. Yang, I think your office is going to be very busy over the next ten years explaining why the word “prohibited,” in 18 U.S.C. whatever, still covers, you know, activities, possession of whatever, even though it’s permitted at some level, right? I mean, it’s prohibited to possess a certain amount of whatever, but, you know, at — at a level of personal use or medical whatever, it’s okay, then you can’t prohibit it at all.

p. 40, lines 5-15

Well, anyone in a PL280 state will tell you it’s not the feds’ problem, the state supreme courts are the ones who have created all the problems with inconsistent interpretations, and SCOTUS does not work to resolve any of them.

In perhaps the most shocking moment of argument, Justice Gorsuch speculated that the indeterminacy in the definition of “prohibited” might be cause to overrule Cabazon(!):

And what would be the negative consequences, in the government’s view, if any, if we were to elide this distinction, ignore it, and overrule Cabazon?

p. 42, lines 12-15

The government’s attorney’s response says it all:

Wow.

p. 42, line 16

There was a real response that followed, a response that would make sense to a Court that is not right now involved in a total reworking of fundamental constitutional law principles:

If the Court — first of all, I don’t think that’s before the Court. This has been a fundamental distinction that’s existed in the law of — of tribal sovereignty and tribal lands for decades upon decades. Again, it goes back before Cabazon. So that’s the Public Law 280 context.

p. 16, lines 16-22

Or maybe it was a slow day for the Court and it needed to offer some idle speculation about ending the case that has propped up tribal economic development for nearly a half century to keep things interesting.

But no. There’s more. Justice Alito wondered where the so-called “Indian canon” comes from and implied that he’s not a fan of a canon that he implies runs afoul of the principle that “statutes . . . mean what the words of the statute are generally understood to mean. . .”:

One other question. You refer to the Indian canon, those who favor the interpretation of statutes to mean what the words of the statute are generally understood to mean, have some question about some of these substantive canons. Now some of them, like the Rule of Lenity, have a long history. What do you think is the basis for this Indian canon?

p. 54, lines 24-25 — p. 55, lines 1-7.

Government’s counsel suggested the Court could rule for the tribe and ignore the canon, but Justice Alito wasn’t having it:

That doesn’t really answer my question. What is the origin of this? Is it your — is it your argument that throughout history Congress has always framed statutes in a way that are favorable to Indian tribes?

p. 55, lines 24-25 — p. 56, lines 1-10

The answer is not pleasing to someone who advocated yesterday for Indian law specialists to be hired in the SG’s office:

MR. YANG: Not — my research for this case, unfortunately, has not gone that far back. I don’t have the original — no one has challenged the Indian canon’s existence here, and we’ve not gone back to — to form an argument for it, Your Honor.

p. 56, lines 5-10

Enough for now. Taking a break.

Ninth Circuit Rejects (again) Challenge to Grand Canyon Uranium Mine

Matthew L.M. Fletcher
Kanab North Uranium Mine, located next to Kanab Creek, a tributary to the Colorado River on the North Rim of Grand Canyon. Photo   Robin Silver.

Here is the opinion in Grand Canyon Trust v. Provencio.

Briefs here.

Pollution here:

A spring near Grand Canyon contaminated by nearby uranium mining. Photo   Kristen M. Caldon 2015, www.kmcaldon.com.

SCOTUS Denies Cert in Three [I Mean Four] Indian Law Cases; Still Waiting on Brackeen

Matthew L.M. Fletcher

Here is today’s order list.

The petitions denied were Big Sandy’s tax case, Jamestown S’Klallam’s U&A-related petition, and Self v. Trinidad Rancheria, another immovable property exception case. [UPDATE: Oops, forgot Dakota Access.]

In case anything happens, we’ll be outside waiting.

Strict Scrutiny Podcast (Briefly) Previews Denezpi

Matthew L.M. Fletcher

Here, starting around 37:00. The hosts highlighted the Indian Law Scholars amicus brief filed by the NYU-Yale American Indian Sovereignty Project (and Jenner & Block).

That’s a “u”, not an “o.”

Fletcher and April Youpee-Roll will guest on this week’s Strict Scrutiny to recap tomorrow’s argument.

SCOTUS Hearing List for Tuesday’s Arguments + A Little Presidents’ Day Commentary

Matthew L.M. Fletcher

Here is the announcement on the advocates who will argue for the tribe and the individual Indian parties on Tuesday.

Background materials on the Ysleta del Sur Pueblo case here.

Background materials on the Denezpi case here.

I have a few notes.

Reno Gazette-Journal, March 23, 2001, reporting on the Nevada v. Hicks argument.

By my count, after James Anaya argued Nevada v. Hicks, after Tuesday there will have been 37 individual Indian or tribal parties represented at oral argument in the Supreme Court. None of those parties were represented by an American Indian advocate. In only two cases did a woman represent the Indian or tribe — just over 5 percent of cases, a truly pathetic figure. [No Native advocates argued for other parties, either.]

To be sure, the end of Native oral advocacy was intentional. It can be traced to the establishment of a new national strategy adopted by tribal leaders and national orgs in 2001. That strategy that privileged members of the Supreme Court Bar — a small, exclusive group of elite and privileged lawyers — to argue those cases instead of relatively inexperienced advocates.

Continue reading →

DFP: “Detroit police break up Native sugarbush ceremony, saying ‘sovereign stuff is not valid’”

Matthew L.M. Fletcher

Here.

American Indians. Saturday School held at Franklin Elementary School, 1333 Pine, Detroit, which teaches indian language, arts, dance and offers to help in math and reading. c. 1970s

Blast from the Past: California Indian Self-Determination Act of 1969

Matthew L.M. Fletcher

In 1969, after a meeting of the California Indian Legal Services board, a group “democratically-selected Indians,” CILS drafted a bill to transfer Bureau of Indian Affairs control over to “democratically-selected Indians.”

california-indian-self-determination-actDownload
Hupa fisher on the Trinity River

Friday Job Announcements

gabrielagendreau

To post an open Indian law or leadership job to Turtle Talk, send 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 links to the application 
  • An attached PDF job announcement. 

____________________________________________________________________________ 

Gun Lake Tribe

Staff Attorney. Shelbyville, MI. Duties include: (1) Providing legal counsel and guidance to Tribal Departments legal matters; (2) Reviewing, researching, interpreting, and preparing both written and oral opinions on a wide variety of legal issues; (3) Drafting and reviewing ordinances, policies and procedures, regulations, bylaws, and other legal documents for authorization; (4) Reviewing contracts, leases, and other legal documents, researching legal issues and recommends revisions as necessary; (5) Providing training to the staff and/or community on various legal issues through seminars and meetings; and (6) Maintaining professional growth and development through seminars, workshops, and professional affiliations to keep abreast of latest developments in law and in other related areas. Please see the position description for further information. Interested candidates should register and apply through our online employment portal by February 21, 2022 to be considered for this position.

Department of the Interior, Bureau of Indian Affairs

Deputy Superintendent – Trust Services. Pine Ridge, SD. Duties include: (1) Providing leadership for all agency Trust Services staff to foster the effective conservation and utilization of all Indian resources; (2) Developing approaches to integrate/coordinate the performance of services in various subordinate programs within and between Federal, BIA, and tribal offices to ensure maximum use and accountability of resources and assets; (3) Developing and implementing trust funds expenditure plans for supervised and encumbered accounts; (4) Serving as a liaison to contract and compact tribes regarding natural resources management, and to other agencies to promote natural resources management; (5) Researching, analyzing, preparing or directing preparation of a wide variety of reports and projects; (6) Managing and coordinating the activities of the trust programs to ensure that all program elements responsible for disbursing federal funds or managing federal trust property; (7) Budgeting, program planning, and development of cooperative relationships for and within the Trust Service programs; (8) Providing positive direction and implementation of supervisory and managerial activities related to equal employment opportunity, and ensuring merit-based practices in the recruitment, selection, training, and recognition process; and (9) Ensuring compliance with rules and regulations regarding the use of government funds, equipment, and property. Please see the position description for further information. Interested candidates should apply here by February 22, 2022.

Big Fire Law & Policy Group LLP

Associate Attorney – Economic Development and Cannabis. Omaha, NE.  Seeking candidates with a minimum of 3 years of economic development and cannabis experience to join our Firm. The right candidate will have the opportunity to work on cases in a variety of areas including entity formation, governance, tax exemption and compliance, formation of commercial agreements, loan documents, and development of programs to assist community economic opportunities. This position also includes navigating legal processes, regulations, and compliance within the cannabis industry.  Please send resume and cover letter, including salary requirements to careers@bigfirelaw.com.  For more information, please see the position description. 

Generalist Water Law Environmental Energy Attorney. Omaha, NE.  Seeking candidates with at least 5 years of general experience working with tribes and tribal entities including experience with water law, environmental law, and energy to join our Firm. The right candidate will have the opportunity to work on cases in a variety of areas including general tribal representation, representation of irrigation districts, water delivery entities, and agricultural water users, as well as tribal entities that develop renewable and nonrenewable energy. This position also includes agribusiness, real estate development, and commercial and corporate transactions. Please send resume and cover letter, including salary requirements to careers@bigfirelaw.com.  For more information, please see the position description. 

Employment Law Attorney. Omaha, NE.  Seeking candidates with at least 5 years of Employment Law experience to join our Firm. The right candidate will have the opportunity to work on cases in a variety of areas including wrongful termination, discrimination and wage and hour matters, workers compensation, contracts, harassment claims, advising on HR policies, and compliance with the law relating to the formation and cessation of employee relationships. Please send resume and cover letter, including salary requirements to careers@bigfirelaw.com.  For more information, please see the position description. 

2022 Summer Associates. Omaha, NE or Winnebago, NE.  Summer Associates with work in their desired practice group, with an opportunity to work in another practice group during the summer to gain varied experience. Summer Associates will work directly with a Partner to gain real-life experience in the legal profession and have an opportunity to participate in meetings and draft legal documents. Summer Associates will have the opportunity to work on cases and business transactions in tribal, federal, and state venues across the country.

Associate Attorney – Tribal Government and Housing. Omaha, NE.  Seeking candidates with minimum 3 years’ of tribal government and housing experience.  The right candidate will have the opportunity to work on cases in a variety of areas including representation in tribal governments in tribal, federal, and state courts, before federal and state legislative bodies and agencies, drafting of ordinances, regulations and policies, negotiation and review of contracts and commercial transactions.  Please send resume and cover letter, including salary requirements to careers@bigfirelaw.com.  For more information, please see the position description. 

Litigation Attorney. Omaha, NE.  Seeking candidates with 5-10 years of litigation experience to join our metropolitan Omaha, Nebraska office (remote possible). The right candidate will have the opportunity to work on cases in a variety of areas including constitutional law, environmental law, real estate, employment, tax issues, corporate/business matters, and complex federal, state and tribal court litigation at both trial and appellate levels.  Please send resume and cover letter to careers@bigfirelaw.com.  For more information, please see the position description. 

The Tohono O’odham Office of Attorney General

Assistant Attorney General – two openings. Sells, AZ. The Tohono O’odham Office of Attorney General is hiring two (2) Assistant Attorneys General. The Office of Attorney General represents the interests of the Tohono O’odham Nation in tribal, state, and federal venues.  While the two postings are for an Assistant Attorney General IV, the Office of Attorney General will consider applicants with less than eight years of experience. Attorneys enjoy a diverse practice, face challenging jurisdictional issues, and protect tribal sovereignty.  Knowledge of federal Indian Law is preferred but not necessary. Position classifications are as follows: Assistant Attorney General I (1 year of legal experience); Assistant Attorney General II (3 years of legal experience); Assistant Attorney General III (6 years of legal experience); and Assistant Attorney General IV (8 years of legal experience). Interested candidates should send their resume to Attorney General Howard M. Shanker at Howard.Shanker@tonation-nsn.gov . Please call Mr. Shanker at (520) 349-0559 if you have any specific questions. 

Housing Staff Attorney. Bishop, CA. Duties include providing 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. Please see the position description for further information. Interested candidates should submit a resume, cover letter, and writing sample to Leann Ferry, Director of Administration, California Indian Legal Services, Re: Bishop Housing Staff Attorney, 117 J Street, Suite 201 Sacramento, CA 95814. E-mail: BIS-hiring@calindian.org. The position is open until filled.

Central Council of Tlingit & Haida Indian Tribes of Alaska

Child Support Attorney. Remote, or Juneau, AK. The position will represent the Tribe in child support cases, including paternity, establishment and enforcement actions. Duties include: (1) appearing in Tribal Court; (2) preparing and filing legal documents; (3) maintaining and updating policies and procedures; (4) drafting revisions to Tribal statutes; and (5) supporting the coordination of services among Tribal programs. This position is open until filled. Please see the position description for further information. To apply or review the position description visit https://ccthita.bamboohr.com/jobs/view.php?id=517.

University of Iowa

Program Director Hubbell Environmental Law Initiative. Iowa City, IA. Duties include: (1) Managing the College of Law’s Hubbell Environmental Law Initiative through planning, promotion, and implementation; (2) Leading strategic planning initiatives and assuming responsibility for administration of the Initiative’s programs and collaborate with faculty as subject experts; (3) Operational and Financial Management; (4) Strategic Planning; (5) Communication and Outreach; (6) Compliance; (7) Quality Improvement; and (8) Leadership/Supervision For more information, see https://law.uiowa.edu/news/2022/01/introducing-hubbell-environmental-law-initiative. To review the qualifications for this role and to apply, please visit – http://p.rfer.us/UIOWAYZFAhn. For a copy of the full job description, please email Jade Rogers at jade-o-rogers@uiowa.edu. The position is open until filled.

Assistant/Associate Director – The Larned A. Waterman Iowa Nonprofit Resource Center. Iowa City, IA. Duties include: (1) Being knowledgeable and passionate about the nonprofit sector; (2) Carrying out the Center’s work by providing professional assistance to Iowa’s nonprofit community through one-on-one advising; group training sessions; (3) Researching and writing content for the Center’s printed materials and online platforms; (4) Planning conferences; (5) Engaging in fundraising efforts; (6) Supporting the Center’s teaching mission; and (7) Bearing responsibility for some of the Center’s day-to-day operations. The position will require work both on and off the University of Iowa campus in Iowa City. Remote work may be considered for this position depending on the candidate’s location and interest. To review the qualifications for this role and to apply, please visit – http://p.rfer.us/UIOWArYcAho. For a copy of the full job description, please contact Jade Rogers at jade-o-rogers@uiowa.edu. The position is open until filled.

University of California Los Angeles Law

Staff Attorney (Indigenous Justice) – Racial Justice Program. New York, NY or Remote. Duties include: (1) Litigation in federal and state courts, including writing pleadings and briefs, conducting discovery and motion practice, handling hearings and trials, and arguing appeals; (2) Working with ACLU political advocacy and affiliate staff on bills related to Indigenous Justice issues in state legislatures and in Congress; (3) Advocating to affect policy change in state and federal administrative agencies; (4) Engaging in community outreach and public speaking; and (5) Supervising legal fellows and support staff. Please see the position description for more information. Interested candidates should apply here.

Program Coordinator – The Critical Race Studies Program (CRS). Los Angeles, CA. Duties include: (1) Providing operational and administrative support for the program’s activities; (2) Maintaining an orderly and fully-functioning office space; (3) Record-keeping, drafting and proofing various communications, publicity flyers, and documents; (4) Managing various databases and programs; (5) Maintaining budget records; and (6) Providing supplementary support for communications, fundraising, and faculty activities. Please see the position description for further information. Interested candidates should apply here by March 9, 2022.

Menominee Indian Tribe

Assistant Prosecutor. Keshena, WI. Duties include: (1) Preparing and filing criminal complains against individuals violating Tribal Law within the Menominee Tribal Court jurisdiction; (2) Reviewing police incident reports for perspective merit and referring such reports for further investigation; (3) Assisting and advising Tribal Police in obtaining search warrants and produces for the execution and return; (4) Interviewing witnesses and preparing cases for trial; (5) Providing legal advice and training to the Menominee Tribal Police Department as directed; and (6) Assisting Federal Law Enforcement Agencies, Federal Prosecutors, and other public criminal justice agencies. Please see the position description for further information. Interested candidates should apply here by March 2, 2022.

Principal Tribal Court Advocate – Office of the Attorney General. Window Rock, AZ. Duties include: (1) Performing 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; (2) Child Support Enforcement: Presenting child support enforcement cases before the Office of Hearings and Appeals; (3) Participating in case staffing with Child Support Enforcement officers; and (4) Providing 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) – Office of the Attorney General. Window Rock, AZ. Duties include: (1) Under general direction of the Assistant Attorney General or the Attorney General and Deputy Attorney General, professionally representing 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; (2) Working 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; and (3) Providing 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 – Office of the Attorney General. Window Rock, AZ. Duties include: (1) Under general direction of the Attorney General and Deputy Attorney General, performing a variety of complex duties such as installing, programming, maintaining, and saving of organization’s digital information within the Office of the Attorney General; (2) Serving 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; (3) Facilitating implementation management information systems; (4) Installing and maintaining servers on local area networks; (5) Performing network device configurations, workstation set ups, and assigning nodes or network address definitions; installs and monitors performance of servers on local area networks; and (6) Maintaining 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.

Attorney (Water Rights Unit) – Office of the Attorney General. Under general direction of the Assistant Attorney General or the Attorney General and Deputy Attorney General. Duties include: (1) Representing the Nation on water rights matters, including the adjudication of water rights in administrative, state and federal courts for the purpose of securing and protecting the Nation’s water rights; (2) Working directly and indirectly on settlement negotiations concerning the Nation’s water rights, including the implementation of successful settlements; (3) Working closely with legal and technical staff within the NNDOJ Water Rights and Natural Resources Units, Department of Water Resources, Water Management Branch, other programs within the Nation, contract counsel, and with consultants retained to provide technical support or to serve as expert witnesses; (4) Providing legal work, legal research, and preparing legal memorandums, briefs, pleadings and other documents necessary for litigation and settlement purposes; and (5) Drafting, reviewing, analyzing and interpreting judicial decisions, legislation, contracts, leases, permits and other related documents. This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Senior Attorney, (Human Services/Government Unit). Under general direction of Assistant Attorney General or the Attorney General, and Deputy Attorney General. Duties include: (1) Providing legal direction to Navajo Nation Division, departments, Navajo Nation Council and committees regarding a wide range of legal issues, including statutory and regulatory compliance, contract and procurement issues, and intergovernmental relations; (2) Performing professional legal work in research, trial and other legal work; (3) Conferring with, providing advice to, and preparing advisory memorandums for various departments and branches of the Navajo Nation; (4) Preparing interpretations of new legislation and judicial decisions; (5) Reviewing contracts, leases, permits and related documents; (6) Interviewing witnesses, complainants, and other on a variety of legal matters; (7) Conducting legal research, preparing briefs, pleadings and other legal documents; and (8) Assisting in routine operations of Department of Justice. This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Prosecutor – Office of the Prosecutor. Kayenta, AZ. Duties include: (1) Representing the interest of the Navajo Nation in juvenile adjudications, dependencies, Children in Need of Supervision (CHNS); (2) Researching and studying litigation of juvenile proceedings and child neglect cases; (3) Preparing oral arguments, gathering facts and data, determining if sufficient evidence exists to support the charges; (4) Attending juvenile related hearings in Navajo Nation Courts; (5) Conducting legal research, drafting complaints, motions and/or other legal proceedings; (6) Preparing a legal strategy; and (7) Making decisions in sensitive case and seeking 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 – Office of the Prosecutor. Shiprock, NM. Duties include: (1) Representing the interest of the Navajo Nation in prosecuting individuals alleged to have violated provisions of the Navajo Nation Code; (2) Reviewing citations, arrest sheets and other law enforcement documents and reports; (3) Interviewing witnesses, gathering facts and data, determining if sufficient evidence exists to support the charges; (4) Conducting legal research, drafting complaints, motions and/or other legal proceedings; (5) Preparing a legal strategy; (6) Preparing and presenting criminal and civil cases in the Navajo Nation and appellate courts; (7) Preparing legal memoranda, briefs, motions, and other required documents for court presentation; (8) Providing training to Prosecutors and Juvenile Presenting Officers and on request to law enforcement personnel; (9) Collaborating with law enforcement agencies; (10) Presenting major and complex litigation in District and Family Courts; 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. Tuba City, AZ. Duties include: (1) Representing the interest of the Navajo Nation in prosecuting individuals alleged to have violated provisions of the Navajo Nation Code; (2) Reviewing citations, arrest sheets and other law enforcement documents and reports; (3) Interviewing witnesses, gathering facts and data, determining if sufficient evidence exists to support the charges; (4) Conducting legal research; (5) Drafting complaints, motions, and/or other legal proceedings; (6) Preparing a legal strategy, gathering and compiling evidence, identifying and subpoenaing witnesses, records, and other information required to present the case; (7) Preparing and presenting criminal and civil cases in the Navajo Nation and appellate courts; (8) Preparing legal memoranda, briefs, motions and other required documents for court presentation; and (9) Performing extensive legal research.  This position serves at the pleasure of the Chief Prosecutor.  This position is open until February 25, 2022 by 5:00 p.m., please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Chief Prosecutor. Window Rock, AZ. Duties include: (1) Performing administrative, managerial, and prosecutor work in directing the Office of the Prosecutor and component districts including White Collar Crime; (2) Administering short and long range planning, organizing, directing, strategic planning for annual external and supplemental budgets; (3) Coordinating and evaluating the overall effectiveness of the assigned program office and districts; (4) Adhering to the Plan of Operating and establishing annual goals and objectives, and making necessary amendments; (5) Preparing and presenting the annual budget during the annual budget process; (6) Conducting staff and program evaluations, ensuring the appropriate services are effectively and efficiently addressed; (7) Addressing personnel recruitment, interviews, hiring, and promotions; (8) Supervising all professional at-will employees and regular status employees; and (9) Promoting and maintaining public relations, representing the interest of the Navajo Nation and the Office of the Prosecutor(s) on a local, state, national, tribal and related levels, attending meetings, serving on committees, task forces, and other related groups, overseeing the management and in expenditures of the general and if applicable external funds ensuring compliance with financial requirements. Please see the position description for further information. This position is open until March 30, 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. The Navajo Nation Department of Justice (NNDOJ) seeks energetic and motivated candidates for funded summer law clerk positions in the following areas of practice: Natural Resources; Tax and Finance; Litigation; Employment; Human/Government Services; Economic Development; Water Rights; Chapter (local) government; Relocatee Benefits; and Criminal and civil prosecution. Please see the position description for further information. Interested candidates should submit a letter of interest that specifies areas of practice or interest, a resume, law school transcript, and a brief 5-10 page writing sample to DOJ at general@nndoj.org. Complete applications are due on Monday, February 28, 2022 at 5:00 pm MT. 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.

Kickapoo Traditional Tribe of Texas

Law Enforcement – Casino Peace Officer. Under general supervision, performs a wide variety of peace officer duties involving the protection of life and property, enforcement of laws and tribal ordinances, criminal investigation, crime prevention and suppression, case preparation and testimony, and dissemination of information and assistance to the public; controls traffic flow and enforces traffic regulations and performs related work as required. Please see the position description for further information. Interested candidates should apply here.

Mohican Casino Resort 

Executive Director of Gaming Human Resources. Bowler, WI. The Executive Director of Gaming Human Resources is responsible for the management of all human resource functions and staffing at the North Star Mohican Casino Human Resource Department.  The Director of Human Resource is responsible for the organizational development, training, compensation, performance management, employee relations, recruitment and retention, and compliance with all applicable Tribal, Federal, State and local laws. Interested candidates should apply by March 4, 2022.

Casino Resort General Manager. Bowler, WI. Under the direction of Tribal Council, the General Manager is responsible for the overall operation of, and accountability for the performance of all North Star Mohican Casino functions. The General Manager shall be responsible for the overall management and operation of the casino and all its profit centers including the hotel, food and beverage outlets, bingo operations, and Pine Hills Golf Course. The Casino Resort General Manager is accountable to and under the general supervision and operational direction of the Stockbridge-Munsee Tribal Council. Interested candidates should apply by March 4, 2022.