Turtle Talk

A typed brief description of the position which includes:
- Position title
- Location (city, state)
- Main duties
- Closing date
- Any other pertinent details such as links to the application
An attached PDF job announcement.

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Earthjustice

Spring 2022 Legal Externship – Coal Program. A full or part-time legal externship for spring 2022. The legal extern may work remotely or at the Chicago, IL; New York, NY; or Philadelphia, PA office once offices reopen. Legal externships are unpaid and students must receive academic credit or fulfill a graduation requirement through this externship. Duties include: (1) Assisting in case investigation, legal research and discovery; and (2) Preparing memoranda, briefs, and other legal documents for administrative and judicial proceedings. Please see the position description or visit here for more information. Interested applicants can apply here and should submit a resume, cover letter (see specifications), a writing sample, an unofficial law school transcript, and a list of references including at least one law professor or legal employer. Applications will be reviewed on a rolling basis.

Spring 2022 Legal Externship – Oceans Program. A full or part-time legal externship for spring 2022. The legal extern may work remotely or at the Chicago, IL; New York, NY; or Philadelphia, PA office once offices reopen. Legal externships are unpaid and students must receive academic credit or fulfill a graduation requirement through this externship. Duties include: (1) Working with attorneys in the Oceans Program investigating matters related to federal litigation and domestic and international marine issues; (2) Assisting in the development of case strategy and legal theories; and (3) Under the supervision of an attorney, performing legal and factual research and preparing memoranda. Please see the position description or visit here for more information. Interested applicants can apply here and should submit a resume, unofficial law school transcript, a writing sample, and a list of references including at least one law professor or legal employer. Applications are due by October 17, 2021. Applications will not be accepted after the deadline.

Sonosky, Chambers, Sachse, Endreson & Perry, LLP

Summer 2022 – Incoming 2L Student Associate. 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. Please see the position description for more information. Interested applicants should send a cover letter, resume, transcript, and writing sample to Mary Pavel, Partner at mpavel@sonosky.com and also copy kwray@sonosky.com. Applications are due by Friday, October 8th, 2021.

Hoopa Valley Tribe

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. 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. The 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.

Morongo Band of Mission Indians

In-House Attorney. Banning, CA. Duties include: (1) Providing on-site legal advice to the Tribal Council and various Tribal government and commercial entities regarding a wide variety of matters, including gaming related matters; (2) Attending frequent meetings of the Tribal Council and periodic meetings of the Tribe’s General Membership; (3) Drafting Tribal Ordinances, policies and procedures; (4) Negotiating and documenting commercial transactions; (5) Drafting formational documents of Tribal commercial entities; (6) Negotiating, writing and reviewing various types of contracts, including leases, permits, purchase agreements, development agreements and intergovernmental agreements; (7) and coordinating and working with the Tribe’s outside General Counsel and special counsel. Please see the position description for more information. The position is open until filled. Interested applicants can submit their resume and letter of interest by email to resumes@morongo-nsn.gov. Fill out an employment application here.

The Pueblo of Sandia

Assistant General Counsel. Albuquerque, NM. Under the general supervision of the In-house General Counsel. Duties include: (1) Providing a diverse range of legal advice to the Pueblo and its economic enterprises; (2) Performing high level legal research and analysis in various areas of law and policy; and (3) Serving as the primary legal contact for the Pueblo’s enterprises on contract matters, subject to the direction and oversight of the General Counsel. Please see the position description for more information and visit Pueblo of Sandia Assistant General Counsel to apply.

Assistant General Counsel – Water, Environment & Natural Resources. Albuquerque, NM. Under the general supervision of the In-house General Counsel. Duties include: (1) Providing a diverse range of legal advice to the Pueblo; (2) Performing high level legal research and analysis in various areas of law and policy specifically in relation to water and environmental law and policies; and (3) Serving as the primary contact and expert for the Pueblo’s water and natural resource legal matters, subject to the direction and oversight of the General Counsel. Please see the position description for more information and visit Pueblo of Sandia Assistant General Counsel – Environment to apply.

Echo Hawk & Olsen

Associate Attorney – interested in Business Law, Business Litigation, Employment Law and who is enthusiastic about Indian law. Pocatello, ID. Duties include: (1) Drafting tribal codes, business contracts, policy & procedures, regulations & other critical documents; (2) Communicating legal developments clearly and effectively verbally as well as in writing; and (3) Attention to detail, ability to effectively manage time, work in an organized and detailed manner to meet tight deadlines, keep accurate records, and produce desired results. Please see the position description for more information. Please submit cover letter, resume, references, writing sample and salary requirements to reception@echohawk.com.

Yakama Nation Office of Legal Counsel (“OLC”)

Staff Attorney. State of Washington. Duties include: (1) Providing a full range of legal services needed by the Yakama Nation Tribal Council, Tribal Programs and departments, as well as Yakama Nation enterprises as directed and where there is no conflict of interest; (2) Providing legal advice on questions related to federal, state and tribal law, the Treaty of 1855 and Tribal Sovereignty; (3) Assisting the Lead Attorney, Staff Attorney III’s and Staff Attorney II’s, to provide legal advice, consultations, and presentations; (4) Performs legal research, reviews contracts and other legal documents; drafts memos, resolutions, letters, agreements, codes, contracts, policies, and any necessary pleadings; and (5) As assigned, serves as co-counsel on cases in Yakama Nation, federal or state courts. Please see the position description for more information. Interested applicants should send their cover letter, resume, a 5-7 page writing sample, law school transcripts, and list of at least three professional references to both the Yakama Nation Human Resources Department at https://yakama.isolvedhire.com/jobs/, with a courtesy electronic copy to OLC at jobs@yakamanation-olc.org. Applications will be reviewed in the order they are received.

Rosette, LLP

Associate Attorney. Chandler, AZ. Duties include: (1) Providing counsel and legal services to clients as well as represent clients; (2) Participating in business development functions (trade shows, seminars, etc.) to maintain and build client relationships as well as expand business; (3) Communicating with opposing attorneys to expedite cases to closure; (4) Conducting legal research by preparing legal memoranda and necessary pleadings required in all aspects of state, federal and tribal litigation matters; (5) Appearing at hearings and trials as needed and/or assigned; (6) Drafting tribal codes, regulations, agreements, analyze and review legal documents. Please see the position description for more information. Interested applicants should submit a cover letter, resume, official/certified law school transcript, Arizona Bar Certificate of good standing, and a writing sample to HR@ROSETTELAW.COM. All correspondence can be addressed to the Hiring Committee.

Hobbs, Straus, Dean & Walker, LLP

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.

American Civil Liberties Union

Staff Attorney – LGBTQ & HIV Project. Two positions available: LGBTQ & HIV Project staff attorney posting LGBT-19, LGBTQ & HIV Project staff attorney posting LGBT-20. New York, NY. We know that having more Indigenous voices represented in and leading our work will increase its quality and expand the scope of impact. While we are primarily looking for experienced litigators, we are also open to hearing from anyone interested in the positions. Duties include: (1) Litigation in federal and state courts, including pleadings and briefs, conducting discovery and motion practice, handling hearings and trials, and arguing appeals; (2) Supervising law clerks; (3) Working with ACLU political advocacy and affiliate staff on bills in state legislatures and in Congress; and (4) Engaging in community outreach and public speaking, including representing ACLU positions to the media and the public generally. Please see the position descriptions linked above for more information.

University of Idaho College of Law

Assistant Dean of Admissions, Moscow, ID or Boise, ID. The Assistant Dean will: (1) Report directly to the Dean of the College of Law and serve as a member of the senior leadership team. (2) Recruit for the College’s Native American Law Program, which enjoys significant support from the faculty and administration, as demonstrated by the development of our recent Tribal Homelands Scholarship. Please see the position description for more information. Interested candidates should apply here. The application will remain open until the position is filled.

U.S. Department of Justice, Environmental & Natural Resources Division, Indian Resources Section

Trial Attorney. Denver, CO or Washington, DC. Duties include: (1) Litigation on behalf of federal agencies when they are protecting the rights and resources of federally recognized Indian tribes and their members, (2) Defending against challenges to statutes and agency action designed to protect tribal interests and affirmative actions to protect tribal rights and natural resources. The rights at issue include water rights, the ability to acquire reservation land, hunting and fishing rights, and other natural resources. Please see the position description for more information. Interested applicants must apply online through USAJOBS. Follow the prompts to register, answer a few questions, and submit all required documents by 11:59 PM (EST) by October 6th, 2021 to receive consideration. Applicants must submit a current resume, cover letter with brief statement of interest, law school transcript, writing sample, OF 306 – Declaration for Federal Employment https://www.opm.gov/forms/pdf_fill/of0306.pdf and DD-214 , if applicable.

University of California, Los Angeles (UCLA) School of Law

Project Director – Critical Race Studies Program (CRS). Los Angeles, CA. Learn more about the program here. Duties include: (1) Overseeing the creation of a publicly accessible, real-time tracking project that compiles and interactively presents information about new legislation and other formal policies suppressing anti-racist education, training, or research associated with CRT; (2) produce briefs and other materials synthesizing and analyzing research and data collected; and (3) Convening academics, litigators, and advocates to discuss and develop the legal theories being used to contest these initiatives. Please see the position description for more information. Interested applicants should apply here by September 30th, 2021.

Center for Court Innovation

Senior Program Manager – Technical Assistance. New York, NY or remote. Duties include: (1) Developing a broad range of subject matter expertise around tribal justice projects and community justice projects, including but not limited to, healing to wellness courts and treatment courts, strategic planning, alternatives to incarceration, juvenile Justice, corrections and reentry, tribal-state relationships, risk-need responsivity tools, and other problem-solving initiatives; (2) Assisting with grant proposals; (3) Giving presentations at national conferences and training events; (4) Helping lead the planning and coordination of roundtables and national training events; (5) Leading the writing of publications, including monographs, fact sheets, toolkits, and other products; and (6) Engaging in projects that support research development for tribal justice system. Please see the position description for more information. See the job posting here. Interested applicants should apply by October 8th, 2021.

Navajo Nation Prevails over Interior on Interpretation of Administrative Procedure in ISDEAA Negotiations

September 17, 2021Matthew L.M. Fletcher

Here are the materials in Navajo Nation v. Dept. of the Interior (D.D.C.):

1 Complaint

1-1 FY2020 AFA

12 Navajo MSJ

13-1 Federal Cross Motion

15 Navajo Reply

17 Federal Reply

19 DCt Order

Federal Court Dismisses Most Claims re: Alaska Native Allotment

September 17, 2021Matthew L.M. Fletcher

Here are the materials so far in Shade v. Dept. of the Interior (D. Alaska):

14 Amended Complaint

15 US Motion to Dismiss

22 Chaney Motion to Dismiss

26 Shade Response

33 DCT Order

Federal Court Orders Additional AAA Arbitration in Dispute over Wakpamni Corporation’s Payday Lending

September 17, 2021Matthew L.M. Fletcher

Here are the materials in Easeley v. WLCC II (S.D. Ala.):

1 Notice of Removal

1-2 Complaint

1-4 Raines Dec

2 WLCC Motion to Dismiss

6 Response

6-1 Arbitration Award

6-2 WLCC Motion to Dismiss Arbitration Proceeding

6-3 AAA Statement of Claim

Oklahoma Criminal Appellate Court Holds State Does Not Enjoy Concurrent Jurisdiction with Feds in Indian Country

September 17, 2021Matthew L.M. Fletcher

Here are the materials in Roth v. State of Oklahoma:

occa-opinion-1

appellant brief.pdf Download

state-brief-1 Download

tribal-amicus-brief Download

Guest Post: Monique Vondall-Rieke on Constitution Day

September 17, 2021September 10, 2021Matthew L.M. Fletcher

Happy Constitution Day Indian Country

by Monique Vondall-Rieke, JD

September 17, 2021 marks the United States’ 234^th day of celebrating when the “Founding Fathers” signed the U.S. Constitution. I recall in 1976 we celebrated “200 years of Independence” as a nation. I was 11 years old, spending the summer with my aunt and uncle and visiting on weekends sometimes with my father in Texas. Everything is big in Texas so was the Nation’s 4^th of July that summer – commemorating the 200-year celebration. At that time, I was eager to take part in the summer events.

I was unmoved years later when I learned of the truth behind the Doctrine of Discovery. Many legal scholars have written on this issue but none as much as Chief Justice Marshall in Johnson v. McIntosh, 21 US 543 (1823). The facts of the case involve land purchased by Johnson and some other British people in Virginia from the Piankeshaw Indian tribe. The purchase was apparently “allowed” by the King of England. Upon his death, Johnson passed on his land to his heirs. In 1818 however M’Intosh purchased 11,000 acres of land from Congress – which included the land originally purchased from Johnson. Basically, after some horrible language referring to Native Americans as “savages” and other non-politically correct terms, basically upheld the Doctrine of Discovery and claimed that tribes do not have the right to convey the land as it was claimed under the doctrine, thereby making the “chain of title” invalid for Johnson’s heirs.

Ultimately, nobody except Congress has the right to negotiate with Native American tribes stemming from this decision.

In 1934 the U.S. passed the Indian Reorganization Act (“IRA”), which was a result of the “Meriam Report” of 1928. In the report, conditions of impoverished and unhealthy living conditions on reservations, as well as the report of gross and inadequate care given to children who were victims of boarding schools, along with the General Allotment Act compelled Congress to pass the IRA as part of President Roosevelt’s “New Deal” policies. The Great Depression had begun, and the administration of the President had to act, and the result was the IRA or also called “Wheeler-Howard Act” or the “Indian New Deal.”

Armed with what are called “canned constitutions,” Native agents hired under the BIA’s new Native preference policy head out to the tribes to promote tribal constitutions. Today, we know that originally 181 tribes voted to accept the IRA constitution which, in Alaska, constitutes 1/3 of the tribes there.[1]

Many tribes have reformed their constitutions today. Strengthening tribal constitutions requires copious amounts of drafting, organization, and consultation unless a tribe has a competent team of lawyers on staff to commit time to the project.

For instance, the Turtle Mountain Band of Chippewa Indians early 2000s attempt at adopting a new constitution was documented in Keith Richotte’s book, Claiming Turtle Mountain’s Constitution: The History, Legacy and Future of a Tribal Nation’s Founding Documents. Richotte goes on to tell the story of how the new constitution effort failed to adopt a constitution that left the community divided. In his review of the book Carty Monette, former Turtle Mountain Community College President, criticizes Richotte for neglecting to interview survivors of the constitutional review effort, including Monette.[2] This author experienced the era of constitutional revision on that reservation, and it turned even uglier than Monette or Richotte care to admit.

Why is it so political then and so difficult for contemporary tribes to change their constitutions?

Change is hard and sometimes must be forced. Take, for instance, the right for Native Americans to vote and be considered citizens in the U.S. It wasn’t until the 1924 Indian Citizenship Act was passed which recognized all Native Americans as citizens. Prior to that, it depended on who paid taxes and in 1924 only 125,000 of about 300,000 Native Americans were considered citizens of the U.S.[3]

More than that, there were no voting protections in the Indian Citizenship Act. That was not secured until the Civil Rights Act of 1965 and today, we still have opposition on voting rights because of the types of identification allowed in states.[4]

So, what do we do from here? Tribes – its time to secure your laws, your constitutions, your children, your rights to hunt, fish, gather and to strengthen your constitutions.

Unlike the lower 48 tribes, the Alaska Native tribes do not have treaties to turn to. Instead, we have the Alaska Native Claims Settlement Act. This is a whole other bag of tricks the U.S. government has placed in the way of tribes acting as full sovereign nations. We must work around it and do our best to protect the interests of our tribal members. The shareholders that own the Native Corporations of Alaska are tribal members – they all struggle to achieve greatness and preservation of their cultural and traditional rights. This is true for all of the lower 48 tribes as well. We all work to preserve sovereignty.

The past two years have been a time, once again, of anger and frustration over federal policies and funding available to tribes and tribal agencies for pandemic relief. This has created once again a moment of divide and conquer – tribes have faced off with tribal corporations representing Alaska Native tribes.

We have all given so much – lower 48 tribes enjoy land into trust whereas tribes in Alaska do not. Tribes in Alaska have Native corporations acting in their best interests whereas tribes in the lower 48 were not set up by the federal government to form corporations. The trade-off is that all the tribes have given up something in return for everything. It means that the corporation I work for can bring relief to shareholders. It means that tribes in the lower 48 can offer community gardens to their members on tribal land. We all make the best of what we have.

Tribal constitutions work in this way as well. It can only produce the best of what it can under its own conditions. Why not take the next 16 years to build up our tribal constitutions like the Great Wall of China, which will protect barriers that will break down the wall and to hold in what we mean to protect – our people, our culture, our traditions and of course, our land. By the time the U.S. celebrates its 250 years of its own constitution, we will have built the Tribal Great Wall of Constitutions that will protect sovereignty and the people of our tribal nations.

[1] See Matthew Fletcher, https://turtletalk.blog/2007/11/21/the-myth-of-the-model-ira-constitution/.

[2] Found at https://tribalcollegejournal.org/claiming-turtle-mountains-constitution-the-history-legacy-and-future-of-a-tribal-nations-founding-documents/.

[3] https://constitutioncenter.org/blog/on-this-day-in-1924-all-indians-made-united-states-citizens.

[4] See: https://www.narf.org/cases/nd-voter-id/.