Turtle Talk

Job Announcements

October 29, 2021gabrielagendreau

New York University Arts and Sciences — Department of Social and Cultural Analysis

Junior Faculty Position — Native American Studies. New York, NY. The Department of Social and Cultural Analysis at New York University invites applications for a junior ranked search in the field of Native American Studies. We especially welcome applications from scholars whose research relates to urban indigeneity, Critical Indigenous Theory, settler colonialism, literature, Indigenous resurgence and governance, Queer Studies, Indigenous pedagogies, environmental studies, and/or language revitalization. We encourage applications from scholars who work in collaboration with First Nations or Native American nations and whose research engages with Indigenous communities. Please see the position description for more information. The search committee will begin their review of applications on November 1st, 2021. Please apply here.

American Civil Liberties Union of Washington

Staff Attorney. Seattle, WA. Duties include: (1) Participating in ACLU-WA’s race equity work; (2) Investigating, filing, and litigating through trial civil liberties and civil rights cases in both federal and state courts; (3) Maintaining an active docket of their own cases, typically with assistance from outside cooperating attorneys and a senior staff attorney, as well
as helping to supervise interns and fellows in the department; (4) Engaging in advocacy, coordinating with the various policy-focused attorneys and other staff in the office, providing legal analysis; (5) Representing the ACLU publicly, speaking to the media and others; and (6) Traveling, as well as some working on nights and weekends, may be necessary. Please see the position description for more information. Interested candidates should email a cover letter, writing sample, and resume to “Hiring Team” at Jobs@acluwa.org and include in the subject line of the email: your name and the position for which you would like to be considered, Staff Attorney or Senior Staff Attorney. In your cover letter, please indicate where you learned of the posting. Applications will be accepted until November 12th, 2021, at which time the job announcement will be removed from our website at www.acluwa.org/careers.

Director, Policy Advocacy Group. Seattle, WA. Duties include: (1) Participating in ACLU-WA’s race equity work; (2) Ensuring that the policy work of the ACLU-WA is strategic, collaborative, consistent with ACLU policy, and undertaken in conformity with ACLU-WA race equity values and practices; (3) Supporting and supervising staff and developing long and short-term individual work plans and goals; (4) Recruiting and mentoring of PAG interns and volunteers; (5) Coordinating work and ensuring success of cross-departmental campaigns; and (6) Identifying priority issues, doing the primary research, and being the advocate or spokesperson as appropriate. Please see the position description for more information. Interested candidates should email a cover letter, writing sample, and resume to “Hiring Team” at Jobs@acluwa.org and include in the subject line of the email: your name and Director, Policy Advocacy Group. In your cover letter, please indicate where you learned of the posting. Applications will
be accepted until November 17, 2021, at which time the job announcement will be removed from our website at www.aclu-wa.org/careers.

Northwest Indian Fisheries Commission

Environmental Protection Policy Analyst II. Olympia, WA. Duties include: (1) Providing policy analysis, technical support and coordination on emerging habitat issues for Commission and member tribes; and (2) Advancing habitat protection and restoration objectives necessary to the protection of tribal treaty rights and resources. Please see the position description for more information. Interested candidates should send a resume and cover letter to Wendy Bowman, HR, wbowman@nwifc.org by November 12th, 2021.

Los Alamos National Laboratory

Environmental Attorney. Santa Fe, NM. Duties include: (1) Providing legal advice and counsel on a wide range of environmental compliance, litigation and related matters; (2) Reporting to the Associate General Counsel for Environment, Safety and Health in the Laboratory’s Office of General Counsel (OGC); (3) Resolving complex environmental issues in creative and effective ways; and (4) Advocating for and/or negotiating legal positions on significant matters. Please see the position description for more information. Interested candidates should apply here by December 1st, 2021, and submit a cover letter and writing sample along with application materials.

Earthjustice

Spring 2022 Legal Externship – International Program. San Francisco, CA. Duties include: (1) Wielding the power of law and the strength of partnership to protect people’s health; (2) Preserving magnificent places and wildlife; (3) Advance clean energy; and (4) Combat climate change. Please see the position description for more information and for a list of application materials.

Managing Attorney. Northern Rockies, MT. Duties include: (1) Overseeing the office and providing leadership for their growing teams currently comprised of attorneys and professional staff; (2) Developing and implementing regional strategies that align with organization-wide strategic plans and programmatic and litigation priorities; and (3) Taking on cases with national scope or addressing programmatic priorities outside of the region. It is important to note that the organization is open to candidates who do not have a focus in Environmental law; Earthjustice is excited to consider attorneys who are familiar with Tribal Law or other impact litigation. Please see the position description for more information. Please email interest to jmartinez@thinkingahead.com.

Grand Canyon Trust Field Attorney. Colorado Plateau. Duties include: (1) Surveying the wild places you’re fighting for; (2) Navigating through tamarisk and government-agency offices, from Ogden to Kanab, and Flagstaff to Moab; (3) Learning from Native leaders; (4) Studying the plans and projects that may harm the places we advocate for; and (5) Writing comments on those proposals, to represent the Grand Canyon Trust in administrative proceedings, to drop pithy quotes for the papers, and to otherwise press our case for the Colorado Plateau. Please see the position description for more information. Please email interest to jmartinez@thinkingahead.com.

Leech Lake Band of Ojibwe Legal Department

Associate Tribal Attorney. Cass Lake, MN. Duties include: (1) Assisting the Legal Director with analysis of ongoing cases and legal issues in a broad range of subject areas central to the needs of the Leech Lake Band of Ojibwe; (2) Preparing and analyzing contracts, legal documents, Tribal Codes, ordinances and Resolutions; and (3) Representing the Leech Lake Band of Ojibwe in tribal, State and Federal Court. Please see the position description for more information. The position is open until filled and the application materials can be found on the Leech Lake Band of Ojibwe website at https://www.llojibwe.org/jobs/llbojobs.html.

Hoopa Valley Tribe

Request for Qualifications — Policy Analyst. Humboldt County, CA. Duties include: (1) Determining program requirements and producing recommendations regarding policies, processes, and form development; (2) Drafting new or revised policies and procedures; and (3) Preparing and presenting reports and recommendations. Please see the position description for more information. Interested candidates should submit proposals to Lisa Rose Sanderson, Victims of Crime Program Director, Hoopacourt.advocatedirector@gmail.com by November 10th, 2021.

Request for Qualifications — Education Outreach Coordinator. Humboldt County, CA. Duties include: (1) Providing the public and service providers with information about the services offered to victims of crime; (2) In collaboration with Program Director, developing Victims of Crime Program multimedia strategic plan; (3) Developing and designing original content for outreach, social media, and communications; (4) Assisting program Civil Legal Assistant and Program Director in designing content for Tribal Court self-help kiosk for the public to access; (5) Building Victims of Crime content calendar; and (6) Implementing and promoting data collection instruments to community. Please see the description for more information. Interested candidates should submit proposals to Lisa Rose Sanderson, Victims of Crime Program Director, Hoopacourt.advocatedirector@gmail.com by November 10th, 2021.

Associate Tribal Attorney. Hoopa, CA. Duties include: (1) Reviewing and negotiating contracts and government grants; (2) Researching and drafting tribal ordinances; (3) Advising the Tribal Council and Chairman; (4) Coordinating litigations and investigations; and (5) Handling employment matters. We are open to applicants with a broad range of professional backgrounds. Please see the position description for more details. Please see the detailed minimum qualifications here. Interested applicants should submit an application, resume, and writing sample to Leah Offins, HR Coordinator at l.offins@hoopainsurance.com. The application form can be accessed here and the Hoopa Valley employment site here. The position is open until filled.

Lower Elwha Klallam Tribe

Associate Tribal Attorney. Port Angeles, WA. Duties include: (1) Advising and representing the Tribe, its officers, and entities including in tribal, federal, and state courts, administrative tribunals, and before federal and state legislative bodies and agencies; (2) Drafting ordinances, regulations, and policies; and (3) Negotiating and reviewing intergovernmental agreements, contracts,
and commercial transactions. Please see the position description for more information. Interested candidates should submit a cover letter, current resume, at least three professional references, and a legal writing sample to OTA’s Paralegal at anne.ronan@elwha.org by November 15th, 2021 to ensure priority consideration. Applications submitted after that date may also be considered. Position open until filled.

Northern Bering Sea Climate Resilience Area (NBSCRA) Tribal Coalition — Native American Rights Fund

NBSCRA Manager. Alaska. Duties include: (1) Assisting the NBSCRA Tribal Advisory Council in the creation of the TAC’s processes and procedures; (2) Supporting and advancing the priorities of the TAC; and (3) Ensuring coordination between the TAC and federally recognized Tribes from the region, the Bering Sea Federal Task Force, and other governmental agencies or federal entities that have responsibilities in the region. Please see the position description for more information. Interested candidates should submit a resume, cover letter, writing sample, and three references to dougherty@narf.org. Applications are considered on a rolling basis.

Table Mountain Rancheria

In-House Counsel. Friant, CA. Duties include: (1) Providing legal services in all areas of Federal Indian Law; (2) Preparing, submitting and processing fee-to-trust applications on behalf of the Table Mountain Rancheria; (2) Researching and drafting contracts and tribal ordinances; (3) Advising the Tribal Council and the Tribal Chairperson; and (4) Providing legal advice and guidance to the various tribal departments and entities of Table Mountain Rancheria. Please see the position description for more information. Interested applicants should submit a resume and cover letter to Matt Stanley, Senior Director of Human Resources (mstanley@tmr.org) and Dan Casas, Senior Legal Counsel (dcasas@tmr.org). All questions should be directed to Matt Stanley at (559) 822-2813.

Hobb Straus

Associate Attorney. Oklahoma City, OK. Duties include: (1) Legal representation of Tribes and Tribal organizations. (2) Promoting and defending tribal rights. (3) Ability to participate in a highly-collaborative environment. (4) Familiarity with tribal communities and cultures and a commitment to tribal representation. Please see the position description for more information. Interested candidates should submit a cover letter, resume, law school transcript, and recent writing sample to Cindy Bonewitz at cbonewitz@hobbsstraus.com. This position is open until filled.

Pechanga Indian Reservation

Chief Judge. Temecula, CA. Duties include: (1) Supporting and defending the sovereignty and Constitution and Bylaws of the Pechanga Band, its traditions, customs, and Tribal laws. (2) Exercising considerable independent judgement in managing the docket of the Tribal court, ruling on motions and adjudicatory cases, conducting hearings, and deciding cases in a fair and impartial manner. (3) Providing a tribal forum to resolve legal issues involving child welfare matters; child custody and child support; guardianship and adoption of minors; child welfare issues involving domestic violence, facts of birth and emancipation matters; business leases; employment matters; eminent domain; appeals from the Trust Review Board; cases arising from the Tribal Tax Code; disputes arising from the Pechanga Band Member Health Program; and any other subject matter as directed by the General Membership. Please see the position description for more information. Interested candidates should submit a resume and a letter of intent to HR@pechanga-nsn.gov. The position is open until filled.

California Tribal Families Coalition

2022 Summer Law Clerk. Candidates are preferably rising 3Ls, however, 2Ls with relevant experience prior to or while in law school will be considered. CTFC provides an opportunity for summer law clerks with demonstrated interest in Indian law and/or social welfare law and policy. It is helpful if candidates have completed advanced research, writing, and a clinical placement. Primarily remote, but may include an opportunity to meet in-person in Northern California. Projects will vary. Past projects have included drafting state court briefs, research and writing an opposition to appellate case de-publication, developing training materials on state law, and drafting legal and policy strategy for legislation. Please see the position description for more information. Interested candidates should submit a cover letter, resume, writing sample, and list of two references to clerkapp@caltribalfamilies.org. Letters of recommendation are optional. All interviews will be conducted remotely. Deadline to apply is November 5th, 2021.

Footnote in Indiana Court of Appeals Child Welfare Case

October 29, 2021October 29, 2021Kate Fort

indianaopinion Download

This case is also unreported, and not notable for any ICWA holding except for footnote 4, which highlights how ICWA is USUALLY challenged:

4 Again, DCS alleges Parents have waived this issue for failure to raise it below. Parents did argue to the juvenile court during closing argument that the standard of proof should be beyond a reasonable doubt. See Tr., Vol. 2 at 95. They did not, however, offer any basis for that assertion, least of all a state or federal constitutional basis. As DCS points out, in order to properly preserve an issue for appeal, “[a]t a minimum, a party must show that it gave the trial court a bona fide opportunity to pass upon the merits of the claim before seeking an opinion on appeal.” Endres v. Ind. State Police, 809 N.E.2d 320, 322 (Ind. 2004). The juvenile court did not have that opportunity below.

Although we consider Parents’ state due process claim notwithstanding waiver for the same reason we exercised our discretion to decide the jury trial issue, supra n.2, we decline to consider the waived federal equal protection claim. Parents’ equal protection argument is based on the fact that the Indian Child Welfare Act provides that parental rights of Native Americans may be terminated only upon evidence beyond a reasonable doubt. See 25 U.S.C. § 1912(f). The right to a jury in juvenile proceedings and the scope of the state due process clause are matters of settled law in Indiana. But Indiana courts have not had occasion to consider whether the differing state and federal standards violate equal protection, and we will not undertake that analysis when it was not developed at all in the juvenile court and is raised for the first time on appeal.

Waiver notwithstanding, we note that the United States Supreme Court has routinely rejected claims that laws that treat Native Americans as a distinct class violate the equal protection rights of non-Native Americans, see, e.g., United States v. Antelope, 430 U.S. 641, 646 (1977) (concluding “federal regulation of Indian affairs is not based upon impermissible classifications”), and states that have had occasion to consider whether their clear and convincing standard violates the equal protection clause have found no violation, see, e.g., Matter of M.K., 964 P.2d 241, 244 (Okla. Civ. App. 1998) (holding heightened burden of proof required for termination of Native American parental rights is “rationally tied to Congress’ responsibility for policy toward [Native American] families” and lower state standard did not violate non-Native American father’s right to equal protection).

In other words, the Non-Native parents would like to have the same protections ICWA provides Native families.

California COA Decides Rincon Band of Luiseño Mission Indians of the Rincon Reservation Cal. v. Flynt

October 29, 2021Matthew L.M. Fletcher

Here are the materials:

Opinion

Appellants Brief

Respondents Brief

Prior post here.

Unreported Transfer to Tribal Court Decision out of Minnesota

October 29, 2021Kate Fort

opa210522-102521 Download

I get asked a lot–just last week, in fact–to address the claim that Native children are often ripped from loving foster homes where they have been for a long time because the Tribe wants something different. I think the fact pattern in this case is more usual–the child was in the home (an Indian foster home) for five months when the Tribe requested visitation between her and her grandmother. Within a year, the state child welfare department petitioned to move the child to her grandmother. The original placement was always a foster placement and ICWA applied to this child from very early on in the proceedings. Moving a child to a permanent relative home within a year is very fast for a child welfare case. And yet still, the foster family intervened and attempted to stop the transfer to tribal court and regain custody of the child.

The Court of appeals here affirmed the lower court’s decision to transfer.

Paternity and ICWA Decision out of Colorado Court of Appeals

October 29, 2021Kate Fort

18ca1391-pd Download

This is part of a small collection of state court decisions (In re B.B., Utah, Bruce L., AK) interpreting ICWA’s paternity definition, and also applying ICWA to paternity proceedings. It also addresses the issue of biological father (required by ICWA) and presumed father (defined by the Uniform Parentage Act).

Kevin Washburn on Tribal Co-Management of Federal Public Lands

October 29, 2021Matthew L.M. Fletcher

Kevin Washburn has posted “Simple Tribal Co-Management: Using Existing Authority to Engage Tribal Nations in Co-Management of Federal Public Lands” on SSRN.

Abstract:

Each year Native American tribal nations enter hundreds of federal contracts worth billions of dollars to run federal Indian programs. By substituting tribal governments for federal agencies, these “self-determination contracts” have been enormously successful in improving the effective delivery of federal programs in Indian country. However, tribal governments wish to do more. Tribes wish to co-manage federal public lands, including lands that lie outside their reservations, and they have a lot to offer in this area. For example, a tribe might seek to contract with the Fish & Wildlife Service to operate a wildlife refuge, or with the National Park Service to manage a park or monument or even with the Bureau of Reclamation to operate a federal dam. Tribes are natural partners for much of this work. Many federal units are located on lands that are, or were, tribal aboriginal lands. Although the federal government has had the legal authority to enter such contracts since 1994, federal agencies have been slow to enlist tribes in the management of federal public lands. A review of the few existing successful cases suggests that tribes confront dramatically different dynamics when seeking to contract functions with agencies beyond the Bureau of Indian Affairs or Indian Health Service and other agencies providing services to Indian people. At a time when indigenous-led conservation is crucial to addressing climate change and our national conservation goals, this article examines the obstacles to tribal co-management of public lands and proposes solutions.

Always good to see new scholarship from Dean Washburn.

New Work by Indigenous Women about Law School and Lawyering

October 29, 2021Matthew L.M. Fletcher

Ernestine Chaco has published “Mentorship, Leadership and Being an Indigenous Woman” in the Journal of Legal Education. An excerpt:

Law school, for me, was an incredible period of growth, in large part because of the educational environment. I had five Indigenous law professors, four of whom were women. It was powerful to be seen and acknowledged. Our Indigenous presence existed through Indigenous faculty, Indigenous students, robust Indigenous student organizations, and Indigenous law courses.

Roshanna K. Toya has published “A Rite of Passage: Perpetuating the Invisibility of American Indian Lawyers,” also in the Journal of Legal Education. An excerpt:

Further, law schools must create and encourage safe spaces for American Indian students to be recognized, coexist, and have their voices heard. Student organizations are one space. Courses like property, federal jurisdiction, and civil rights are other areas where American Indians can be more visible. Law schools should also assign works written by and reflecting the voices of American Indians, and patiently and intently listen to the voices of students. Reading this essay is a start. Providing resources that Indian students can access to make sure they can be effective law students is another start.

Highly recommended.

Party or Amicus? Deciding When Your Tribal Nation Should Participate in Litigation: 2021 Indigenous Law Conference Day 2 Panel 2

October 28, 2021gabrielagendreau

Please register to join us virtually for the 18th Annual ILPC/TICA Indigenous Law Conference!

For information about the agenda, sponsorships, and registration, please visit the event site.

Party or Amicus? Deciding When Your Tribal Nation Should Participate in Litigation

November 5th, 2021 | 10:30am-11:45am ET | 1.25 CLE

This presentation is designed for In-House counsel who advise tribal leadership on whether to intervene or be amicus in litigation affecting their tribal nation. We will discuss the pros and cons of becoming a direct party, whether to directly participate in the case or seek to have it dismissed, types of intervention, reasons for filing an amicus brief, and the reasons why such a brief may or may not be a good idea in specific cases.

Speakers include:

Paul Spruhan: Assistant Attorney General, Navajo Nation DOJ

Chrissi Nimmo: Cherokee Nation, Deputy Attorney General for Cherokee Nation

Megan Topkok: Iñupiaq, Staff Attorney for Kawerak, Inc.

Moderator – Jamie Williams: Student, Michigan State University College of Law

Faith & Native Communities: Fighting for Freedom of–and from–Religion

October 28, 2021gabrielagendreau

Columbia University Law School Webinar

November 10th, 2021 12:10pm in Eastern Time

Register Here

Speakers

Matthew Fletcher

Matthew L.M. Fletcher is Foundation Professor of Law at Michigan State University College of Law and Director of the Indigenous Law and Policy Center. In 2021-2022, he will be the inaugural visiting professor for the UC-Hastings Indigenous Law Program. He sits as the Chief Justice of the Poarch Band of Creek Indians Supreme Court and also sits as an appellate judge for the Cabazon Band of Mission Indians, the Colorado River Indian Tribes, the Grand Traverse Band of Ottawa and Chippewa Indians, the Hoopa Valley Tribe, the Lower Elwha Klallam Tribe, the Mashpee Wampanoag Tribe, the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, the Pokagon Band of Potawatomi Indians, the Nottawaseppi Huron Band of Potawatomi Indians, the Rincon Band of Luiseño Indians, the Santee Sioux Tribe of Nebraska, and the Tulalip Tribes. He is a member of the Grand Traverse Band.

April Youpee-Roll

April Youpee-Roll is a litigation associate at Munger, Tolles & Olson. Her practice focuses on complex civil litigation and investigations. Ms. Youpee-Roll also maintains an active pro bono practice focused on American Indian law. She has drafted and filed numerous amicus briefs in the federal appellate courts and the United States Supreme Court, and is a frequent speaker on Indian law issues. Prior to joining the firm, Ms. Youpee-Roll clerked for Chief Judge Sidney R. Thomas of the U.S. Court of Appeals for the Ninth Circuit and Judge Brian Morris of the U.S. District Court for the District of Montana. Ms. Youpee-Roll possesses nearly a decade of experience in federal and tribal policy. Before attending law school, she served as a research assistant to Senator Tim Johnson working on Indian Affairs, Judiciary and Appropriations matters. She also performed research on tribal governance and tribal-corporate relations for Harvard Kennedy School.