“How Native students fought back against abuse and assimilation at US boarding schools” [from The Conversation]

Here.

Job Announcements

____________________________________________________________________________ 

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: 

  1. 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 
  2. An attached PDF job announcement. 

____________________________________________________________________________ 

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.

Environmental Law & Policy Center

September 2022 Associate Attorney. Chicago, Des Moines, Grand Rapids, or Minneapolis offices. The Associate Attorney will: (1) Work with ELPC’s Executive Director and Senior Attorneys on litigation and innovative climate action policy initiatives for ELPC’s clean energy, clean water, clean transportation, clean air, climate change solution, and natural resource protection programs. (2) Assist on special projects. (3) Engage with multidisciplinary project teams. Please see the position description for more information. Applicants should submit a cover letter, resume, and three professional references to LawFellowship@elpc.org

Lippes Mathias Wexler Friedman LLP

Senior Litigation Associate experienced in Indian law issues. Buffalo, NY; Albany, NY; Jacksonville, FL; or Washington, D.C. locations. The Senior Litigation Associate will: (1) Provide legal and strategic advice to American Indian tribal
governments, tribal courts and other entities committed to advancing tribal sovereignty, self-determination, and economic development in Indian country. (2) Work with clients to design effective legal strategies. (3) Defend tribal rights. (4) Formulate innovative approaches to transactional issues. Please see the position description for more details. Applicants should send a cover letter and resume to careers@lippes.com. The position is looking to hire as soon as possible. 

Hopi Tribe

Chief Prosecutor, Kykotsmovi, AZ. The Chief Prosecutor will: (1) Be responsible for executive and administrative control of the Hopi Office of the Prosecutor, as well as the investigation and prosecution of crimes committed by adult and juvenile offenders within the exterior boundaries of the Hopi Reservation. (2) Representation of minor in need of care matters in the Hopi Children’s Court. (3) Participate as directed in specialty dockets such as the Hopi Family Wellness Court. (4) Respond to inquiries from citizen and governmental offices relating to tribal court procedures and violations of Hopi Tribal laws prosecuted in the Hopi Trial Court. Please see the position description for more information. Interested candidates may apply by submitting an application to HumanResources@hopi.nsn.us no later than August, 19, 2021

Licensed Deputy Prosecutor, Kykotsmovi, AZ. The Licensed Deputy Prosecutor will: (1) Perform professional attorney-level legal work in the investigation and prosecution of adult and juvenile criminal offenses through conviction and appeal. (2) Present certain civil cases in the Hopi Family Court. (3) Conduct legal research and preparation of Court documents, including appellate briefs. (4) Participate in specialty dockets such as the Hopi Family Wellness Court. (5) Respond to inquiries from citizen and governmental offices relating to tribal court procedures and violations of Hopi Tribal laws prosecuted in the Hopi Trial Court. Please see the position description for more information. Interested candidates may apply by submitting an application to HumanResources@hopi.nsn.us no later than August, 19, 2021.

The Federal Reserve Board – Division of Consumer and Community Affairs

Three positions: Supervisory Policy Analyst (FR 26); Sr. Supervisory Policy Analyst (FR 27); and Lead Supervisory Policy Analyst (FR 28). Washington, D.C.. The positions work under the general supervision of the CRA Manager and: (1) Analyze and develop regulatory policy approaches (2) Develop guidance for System examiners. (3) Address questions on CRA supervisory issues. (4) Increase the effectiveness and efficiencies of the Division’s programs and policies. Please see the position description for more information. A writing test will be administered for consideration of candidacy. Applicants should include a resume and cover letter with their application. 

Rothstein Donatelli, LLP

Associate Attorney, Tempe, AZ. The Tempe Office of Rothstein Donatelli LLP is seeking an Associate Attorney for its Indian law practice with two or more years of experience and a demonstrated commitment to providing high quality legal services. The ideal candidate will have excellent research and writing skills and experience working with tribal communities. Familiarity with Indian law is preferred. Interested candidates should send a cover letter, resume, references, and writing sample to Firm Administrator Manya Snyder at info@rothsteinlaw.com.   The position will remain open until filled.

The Yakama Nation Department of Justice Services

Attorney II, Toppenish, WA. The Attorney will: (1) Represent and advise tribal member clients in Tribal, Municipal, State and Federal Court systems. (2) Provide a full range of legal services to tribal members in areas such as, criminal, dependency, children’s court, fish and game, civil, family and Federal Indian Law matters. (3) Provide legal education law clinics for the public. Interested applicants can submit an application here by 9/1/21, or contact bevra_jacobson@yakama.com with questions.

Yakama National Tribal Court

Chief Judge, Department of Justice Services. The Chief Judge will: (1) Issue any written order, decree, judgment and legal memorandum necessary and proper to the complete exercise of their powers. (2) Issue subpoenas to compel witnesses or documents. (3)  Administer oaths to persons in proceedings. (4) Hold arraignments, preliminary hearings, pre-trials, trials, jury trials, post trials, sentencing and may sit on the Yakama Nation Court of Appeals. (5) Use the federal rules of Criminal and Civil Procedures as guidelines when Tribal Law or custom does not apply. Please see the position description for more information.

Galanda Broadman, PLLC

Litigation Assistant. Offices in Seattle and Yakima, WA, and Bend, OR. The position will largely be remote, although some in-office tasks may be required. The Litigation Attorney will: (1) Schedule depositions and court hearings with opposing counsel, court reporters, and court personnel. (2) Have solid writing, proofreading and organizational skills. (3) Have solid case management and trial experience. Please see the position description for more information. Applicants should submit a cover letter, resume, and list of at least three educational and professional references to Office Manager Alice Hall alice@galandabroadman.com as soon as possible.

Choctaw Nation of Oklahoma

Assistant Prosecuting Attorney, Durant, OK. The Assistant Prosecuting Attorney will: (1) Represent the Choctaw Nation in all juvenile cases and deprived actions within the jurisdiction of the Choctaw Nation of Oklahoma. (2) Facilitate communication with professionals in the legal community, ICW, as well as federal, state, and local officials to coordinate juvenile matters involving or related to members of the Choctaw Nation of Oklahoma. (3) Assist in drafting legislation affecting children and juvenile laws, to be considered by the Tribal Council, as directed by the Senior Executive Officer. (4) Confer with the Lead Prosecutor, Executive Director of Legal and Children and Family Services making referrals for the transfer of cases that may be prosecuted in the Choctaw Nation District Court. Please see the position description for more information and to apply.

Victim Service Coordinator, Durant, OK. The Victim Service Coordinator will: (1) Contact victims to set up services such as counseling, domestic violence programs, housing needs, protective orders. (2) Attend hearings at the request of victims to offer support throughout any criminal prosecution filed. (3) Participate in Multidisciplinary Team/Coordinated Community Response Team for the joint response to allegations of domestic violence/ stalking/ sexual assault/ dating violence. (4) Participate in developing protocol for law enforcement response to domestic violence and assault. Please see the position description for more details and to apply. 

Victim Witness Assistant, Durant, OK. The Victim Witness Assistant will: (1) Provide notice of criminal proceedings and restitution claims form to all victims. (2) Coordinate meetings with attorneys and witnesses, issue subpoenas, calendar court dates. (3) Coordinate with witnesses for preliminary hearing and trials and ensure mileage and witness fees are paid. (4) Periodically check on victims and provide information and provide preparation for the court environment. Please see the position description for more information and to apply. 

Navajo Nation Department of Justice

Principal Tribal Court Advocate, Office of the Attorney General, Window Rock, AZ. The Principal Tribal Court Advocate will: (1) Perform 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: Present child support enforcement cases before the Office of Hearings and Appeals. (3) 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 apply here.

Principal Attorney (Water Right Unit), Office of the Attorney General, Window Rock, AZ. The Principal Attorney will: (1) Represent 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 under general direction of the Assistant Attorney General or the Attorney General and Deputy Attorney General. (2) Work closely with technical staff within the Water Rights Unit Staff, Department of Water Resources and other programs within the Navajo Nation, and with consultants. (3) Provide 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).  This position is open until filled. Please see the position description or apply here.

Chief Prosecutor, Office of the Chief Prosecutor, Window Rock, AZ. The Chief Prosecutor will: (1) Perform administrative, managerial, and prosecution work in directing the Office of the Chief Prosecutor and component districts including the Juvenile Justice and White Collar Crime programs. (2) Administer short and long range planning, organizing, directing, strategic planning for annual, external, and supplemental budgets, and related activities of the Office of the Chief Prosecutor. (3) Coordinate and evaluate the overall effectiveness of the assigned program offices and districts. (4) Adhere to the Plan of Operation and establishing annual goals and objectives, and making necessary amendments. This position serves at the pleasure of the Attorney General. This position is open until filled. Please see the position description or apply here.

 Attorney, Office of the Prosecutor, Ramah, NM. The Attorney will: (1) Represent the interest of the Navajo Nation government under supervision of the Chief Prosecutor/Deputy Chief Prosecutor. (2) Provide and assist several district prosecutor offices in prosecution of criminal and civil cases representing the interests of the Navajo Nation government. (3) Will attend arraignments, trials, adjudications, child dependency adjudications, motion hearings, sentencing/disposition hearings, pretrial conferences, preliminary hearings, and other related issues to court attendance. (4) Establish a case plan with law enforcement personnel from various governmental agencies on most serious criminal offenses. This position serves at the pleasure of the Chief Prosecutor. This position is open until filled. Please see the position description or apply here.

Attorney, Office of the Prosecutor, Window Rock, AZ. The Attorney will: (1) Represent the interest of the Navajo Nation government under supervision of the Chief Prosecutor/Deputy Chief Prosecutor. (2) Provide and assist several district prosecutor offices in prosecution of criminal and civil cases representing the interests of the Navajo Nation government. (3) Will attend arraignments, trials, adjudications, child dependency adjudications, motion hearings, sentencing/disposition hearings, pretrial conferences, preliminary hearings, and other related issues to court attendance. (4) Establish a case plan with law enforcement personnel from various governmental agencies on most serious criminal offenses. This position serves at the pleasure of the Chief Prosecutor. This position is open until August 18th by 5:00pm. Please see the position description for more information or apply here.

Senior Prosecutor, Office of the Prosecutor, Window Rock, AZ. The Senior Prosecutor will: (1) Represent the interest of the Navajo Nation in prosecuting individuals alleged to have violated provisions of the Navajo Nation Code. (2) Review citations, arrest sheets and other law enforcement documents and reports. (3) Interview witnesses, gather facts and data. (4) Prepare and present criminal and civil cases in the Navajo Nation and appellate courts. This position serves at the pleasure of the Chief Prosecutor. This position is open until August 18, 2021 by 5:00pm. Please see the position description for more information or apply here.

Senior Prosecutor, Office of the Prosecutor, Shiprock, NM. The Senior Prosecutor will: (1) Represent the interest of the Navajo Nation in prosecuting individuals alleged to have violated provisions of the Navajo Nation Code. (2) Review citations, arrest sheets and other law enforcement documents and reports. (3) Interview witnesses, gathers facts and data; determines if sufficient evidence exists to support the charges. (4) Prepares and presents criminal and civil cases in the Navajo Nation and appellate courts. This position serves at the pleasure of the Chief Prosecutor. This position is open until August 18, 2021 by 5:00pm. Please see the position description for more information or to apply here.

Prosecutor, Office of the Prosecutor, Kayenta, AZ. The Prosecutor will: (1) Represent the interest of the Navajo Nation in juvenile adjudications, dependencies, and Children in Need of Supervision (CHNS). (2) 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. (3) Prepare oral arguments, gather facts and data, and determine if sufficient evidence exists to support the charges. (4) attends juvenile related hearings in Navajo Nation Courts. This position serves at the pleasure of the Chief Prosecutor. This position is open until filled, please see the position description for more information or apply here.

Michigan Indian Legal Services, Inc

AmeriCorps Attorney/Paralegal for a Medical-Legal Partnership Program. Michigan Indian Legal Services, Traverse City, MI. The AmeriCorps Attorney/Paralegal will: (1) Focus on cases that promote income growth, housing stability, and personal safety. (2) Provide direct legal help to low-income patients at Little River Band of Ottawa Indians Health Services and Little Traverse Bay Band of Odawa Indians Health Clinic. (3) Provide periodic trainings and presentations to providers at medical facilities and regularly consult with medical providers. Please see the position description for more information. The position is open until filled.

Estate Planning Attorney, ANA grant funded. Michigan Indian Legal Services, Traverse City, MI. The Estate Planning Attorney will: (1) Provide estate planning services in the Native communities in Michigan. (2) Focus on tribal and state law legal issues. Please see the position description for more information. Applicants should send their resume, cover letter, references, writing sample, and transcript (if a recent graduate) to Cameron Ann Fraser, Executive Director cfraser@mils3.org. The position is open until filled.

Spokane Tribe of Indians

Chief Judge, Spokane Tribal Court, Wellpinit, WA. The Chief Judge will: (1) Serve as Chief Judge for the Spokane Tribal Court. (2) Preside over cases brought before the Tribal Court under the Revised Spokane Law and Order Code (“RSLOC”). (3) Hear and adjudicate matters filed in the Spokane Tribal Court. (4) Serve as the lead Court Administrator and supervise the assistant Court Administrator in the setting, amending, and management of budgets, as well as grant management and reporting. (5) Report quarterly to Tribal Council and submit an annual written report. (6) Communicate the needs of the Spokane Tribal Court to the Tribal Council. Please see the position description for more information. Applicants should submit a Spokane Tribe of Indians Employment Application, letter of interest, resume, and three professional references to Sabrina McCoy or Andrea Flett hrfrontdesk@spokanetribe.com.

Crimes Victims Legal Assistance Project

Staff Attorney, Crime Victims Legal Assistance Project (CVLAP), multiple locations in Michigan. The Staff Attorney will: (1) Focus on domestic violence or elder abuse. (2) Provide access to the justice system for those who need it the most through CVLAP’s local legal services offices, Legal Services of South Central Michigan and Farmworker Legal Services, as well several statewide advocacy programs housed at Michigan Statewide Advocacy Services. Please see the position description for more information. Applicants should complete an application form and submit a resume and cover letter with ““CVLAP Staff Attorney in [Location(s)]” in the subject line to: jobs@lsscm.org. For questions, please contact Emily Miller, CVLAP Managing Attorney  emiller@mplp.org

St. Croix Chippewa Indians of Wisconsin

St. Croix Tribal Court Staff Attorney, Webster, WI. The Staff Attorney will: (1) Assist the Tribal Court with legal research, drafting of opinions. (2) Collaborate with the Office of General Counsel on projects and code writing/revision. (3) Assist with the daily Tribal Court operations. Please see the position description for more information. The position is open until filled. Interested candidates can apply here.

North Dakota SCT Decides Against State Court Jurisdiction over Reservation Accident

Here is the opinion in Jay v. Lavallie.

Briefs:

Appellant Brief

Appellee Brief

Supplemental Appellant Brief

Supplemental Appellee Brief

Federal Court (again) Rejects Stand Up’s Claims against Interior and North Fork Rancheria

Here are the materials in Stand Up for California! v. Dept. of Interior (E.D. Cal.):

73 SUFC MSJ

77-1 Interior MSJ

79 Tribe MSJ

80 SUFC Opposition

81 Interior Reply

81 Tribe Reply

89 DCT Order

Prior posts here and here.

Oklahoma v. Bosse Cert Petition

Here:

Questions presented:

1. Whether a State may impose procedural or equitable bars to postconviction relief on the claim that the State lacked prosecutorial authority because the crime of conviction occurred in Indian country.

2. Whether a State has authority to prosecute non-Indians who commit crimes against Indians in Indian country.

3. Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.

Lower court materials here.

Trevor Reed on Whether Copyright Should Apply on Tribal Lands

Trevor Reed has posted “Creative Sovereignties: Should Copyright Apply on Tribal Lands?,” forthcoming in the Journal of the Copyright Society, on SSRN.

Here is the abstract:

The federal Copyright Act grants authors the exclusive right to use their original creative expressions in certain ways. At the same time, the Act pre-empts most equivalent rights to creative expressions established by States. However, the Copyright Act is silent as to its applicability on the lands of Native American Tribes and its preemptive effect on rights sovereign Tribal governments accord to creativity. With Tribes and Tribal members increasingly engaged in the global creative economy and in litigation to defend their intellectual properties, the status of the Copyright Act on Tribal lands has become a critical issue that Congress or the courts must now address.

The stakes of applying the Copyright Act on Tribal lands may be quite high for Tribes. Drawing on doctrinal research coupled with community-partnered ethnographic research conducted with the Hopi Tribe, I explain how federal copyright law impacts contemporary tribal sovereignty. Copyright clearly supports certain forms of Tribal creativity intended for off-reservation markets. But for locally circulating creativity — including forms of cultural or ceremonial creativity that help maintain Tribal identity, social relations, and traditional sources of authority — applying Copyright may very well disrupt the exercise of Tribal sovereignty and cause substantial harm to Tribal creative economies.

Based on this research, I argue that the Copyright Act should apply on Tribal lands, but only to the extent permitted by each Tribe. Where Tribal intellectual property laws, protocols, or customary laws occupy the same field as the Copyright Act, Tribal entitlements and remedies, not federal ones, should govern creativity occurring on Tribal lands, with federal copyright law providing enforcement of Tribal intellectual property rights beyond a Tribe’s borders. Otherwise, the unilateral imposition of the Copyright Act on tribal creativity, to the exclusion of Tribal laws, impermissibly invades Tribal sovereignty as articulated in both current federal policy and the international norms enshrined in the United Nations Declaration on the Rights of Indigenous Peoples.

Ninth Circuit Materials in Grondal v. United States

Briefs:

Appellant Brief

Wapato Heritage Brief

Federal Answer Brief

Colville Tribe Answer Brief

Reply

Lower court materials here.

Oral argument video:

 

Oklahoma Court of Criminal Appeals Rules McGirt Not Retroactive

Here are the materials in State ex rel. Matloff v. Wallace:

OCCA Opinion

Oklahoma Brief

Oklahoma AG Amicus Brief

Oklahoma Criminal Defense Lawyers Amicus Brief

Principal Tribal Amicus Brief

Tribal Amicus Brief

Federal Defenders Amicus Brief

Federal Court Dismisses Nonmember Suit against Swinomish over Easement on Trust Land

Here is the order in Carney v. State of Washington (W.D. Wash.):

37 DCT Order

Prior post here.