Federal Court Rejects Crow Tribe Effort to Reopen Repsis Case Post-Herrera v. Wyoming

Here are the materials in Crow Tribe v. Repsis (D. Wyo.):

78 Response

79 Reply

84 DCT Order

Prior post here.

CSKT Tribal Judge Winona Tanner Walks On

Contact: Robert McDonald

CSKT Communications Director

Robert.mcdonald@cskt.org

406-249-1818

FOR IMMEDIATE RELEASE

July 3, 2021

PABLO, MT ­ — Winona Tanner, long time Chief Judge of the Confederated Salish and Kootenai Tribal Court and tribal employee for almost 40 years, passed away Friday. CSKT’s Tribal Council ordered that flags be flown at half-mast in her honor.

Tanner began working at Tribal Legal Services in 1983. She also worked at the Tribal Prosecutors Office and Tribal Defenders Office. Tanner became chief judge in 2004 after her predecessor, Louise Burke, encouraged her to step up in the leadership role.

“Everyone who ever worked with Winona behind the bench or appeared before her will miss her dedication, care and deep understanding of our community,” said CSKT Chairwoman Shelly R. Fyant. “We lowered our flags in her honor. She’s among the Evelyn Stevenson’s and Louise Burke’s as builders of our court system.”  

Tanner was regularly asked to swear in new people elected to Tribal Council. Her beaded robes were often pointed out and complemented by dignitaries and guests who toured the tribal court system. She was generous and known for gifting star quilts to the tribal court founders.

Judge Tanner actively participated in activities and organizations that helped improve the delivery of services within tribal justice systems. She served in leadership roles for the Montana-Wyoming Tribal Judges Association, the Montana Access to Justice Committee, and the National American Indian Court Judges Association for many years.

She was most recently working on plans to remodel the court building and expand the facilities with a successful grant effort. CSKT Chairwoman Shelly Fyant will say a few words about Tanner at the planned memorial for all those who have been lost this past year in Arlee at the powwow grounds Saturday afternoon.

Judge Tanner recognized the value of tribal sovereignty and she frequently utilized tribal traditions within the court system, particularly when children were involved in a matter.  Her concerns for the best interest of children, families and the tribal community ran deep.  She supported approaches that insured promotion of cultural connections and identity with compassion and great wisdom. Casey Family Programs recognized Judge Tanner’s dedication to family issues with the 2015 Casey Excellence for Children Leadership Award. The ripple effects of her work leaves a rich legacy of how restorative principles can address community problems and help create a strong respect for the CSKT tribal court system both locally and nationally.  

Judge Tanner used her deep understanding of the Flathead Reservation community to apply the legal system in a way that was mindful of the values and culture of the people. In her quiet way, she applied her wisdom to guide young people who had lost their way. Once while hearing a case on a tribal member charged with a fish and game violation over a shot deer left to rot, instead of issuing a fine, she referred the young man to visit with the Selis Qlispe Culture Committee. He missed his first appointment, but during the follow-up hearing, she again ordered him to meet with the elders. Once he finally showed, and heard stories on how our ancestors used all parts of an animal, she told a newspaper reporter that she believed those lessons would do a better job reforming the young man than if he had received a fine.

Despite her deep involvement in promoting strong tribal justice systems, Winona was known as a private person from a large family. Her compassion, fairness and wisdom will be greatly missed. Services are planned for early next week.

Minnesota COA Rejects Non-Indian Equal Protection Claims in Dispute over COVID Restaurant Restrictions

Here is the unpublished opinion in State of Minnesota by Malcom vs. Southwest School of Dance LLC:

Minnesota v Southwest School of Dance

Irrigation Districts Counterclaims against US & Ak-Chin Community Dismissed in Water Rights Suit

Here are the updated materials in Ak-Chin Indian Community v. Maricopa-Stanfield Irrigation & Drainage District (D. Ariz.):

56 US Motion to Dismiss Counterclaims

60 Second Amended Complaint

65 Irrigation Districts Response to 56

69 US Reply in Support of 56

73-1 Ak-Chin Motion to Dismiss Counterclaims

81 Irrigation Districts Response to 73

86 Ak-Chin Reply in Support of 73

112 DCT Order

Prior post here.

NYTs: “Native American Tribes Move to Make Real Estate a Force for Renewal”

Here.

D.C. Circuit Rejects Yocha Dehe Wintun Nation Intervention in Scotts Valley Band Pomo Indian Lands Case

Here is the opinion in Yocha Dehe Wintun Nation v. Dept. of the Interior.

Briefs:

Yocha Dehe Brief

Federal Brief

Scotts Valley Brief

Reply

Lower court materials here.

Job Announcements

To post an open Indian law or leadership job to Turtle Talk, send the following information to indigenous@law.msu.edu:

  1. In the email body, a typed brief description of the position which includes
    1. position title,
    1. location (city, state),
    1. main duties,
    1. closing date,
    1. and any other pertinent details such as links to application;
  2. An attached PDF job announcement.


The Federal Energy Regulatory Commission

Director, Office of Public Participation, Federal Energy Regulatory Commission, Washington, DC.  The Federal Energy Regulatory Commission is currently seeking to hire a Director to lead OPP.  The Director is the principal advisor to the Chairman and Commissioners charged with coordinating and providing assistance to the public with respect to authorities exercised by the Commission.  In carrying out these functions, OPP will work closely with the Commission’s Office of External Affairs intergovernmental advisor, the Office of General Counsel including the Senior Counsel for Environmental Justice and Equity, and the Office of Energy Projects, amongst others.   This collaboration will better ensure that the concerns of Tribal members, environmental justice communities, and other historically marginalized communities are fully and fairly considered in Commission proceedings.  The incumbent is also responsible for coordinating assistance available to persons intervening or participating or proposing to intervene or participate in proceedings before the Commission.  This position is open until July 15, 2021.  Interested candidates should apply through USA Jobs

Navajo Nation Department of Justice, Office of the Attorney General:

Principal Tribal Court Advocate, Window Rock, AZ.  Performs legal work related to representation of the Navajo Nation government, as assigned by the Assistant Attorney General, including legal research, negotiations, legal writing, drafting pleadings, briefs, memoranda, resolutions and other documents for the divisions, departments, or programs assigned. Child Support Enforcement: Present child support enforcement cases before the Office of Hearings and Appeals. Participate in case staffing with Child Support Enforcement officers; provide legal advice and case strategy.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Principal Attorney (Water Right Unit), Window Rock, AZ.  Under general direction of the Assistant Attorney General or the Attorney General and Deputy Attorney General, professionally represents the Nation in multiple water rights adjudications pending in state and federal courts, in state administrative water rights matters and in any settlement negotiations concerning the Nation’s water rights. The Principal Attorney works closely with technical staff within the Water Rights Unit Staff, Department of Water Resources and other programs within the Navajo Nation, and with consultants retained to provide technical support to the Nation or to serve as expert witnesses. The Principal Attorney provides legal advice on all water rights matters to the Office of the President and Vice President, the Office of the Speaker, the Navajo Nation council, and its committees and subcommittees and the Navajo Nation Water Rights commission (NNWRC) to ensure that the water rights of the Navajo Nation are effectively pursued and protected.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Office of the Chief Prosecutor:

Chief Prosecutor, Window Rock, AZ.  The Chief Prosecutor performs 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.  Administers 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.  Coordinates and evaluates the overall effectiveness of the assigned program offices and districts.  Responsible for adhering 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 to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Office of the Prosecutor:

Attorney, Ramah, NM.  Under supervision of the Chief Prosecutor/Deputy Chief Prosecutor represents the interest of the Navajo Nation government. Provides and assists several district prosecutor offices in prosecution of criminal and civil cases representing the interests of the Navajo Nation government. Will attend arraignments, as needed; trials, adjudications, child dependency adjudications, motion hearings, sentencing/disposition hearings, pretrial conferences, preliminary hearings, and other related issues to court attendance; prepares all required legal documents; reviews investigative reports, legal pleadings from defense counsel, law enforcement reports and related documents; determines nature of the criminal offense; establishes case plan with law enforcement personnel from various governmental agencies on most serious criminal offenses such as vehicular homicide, sexual assault, aggravated batteries, child neglect or spousal abuse, etc.; assigns case plans; provides legal guidance and advice to law enforcement personnel in proceeding with investigation; prepares and obtains search warrants as necessary, conducts follow ups on cases and elements of cases, conducts legal research, review criminal complaints, interview witnesses, included but not limited to other legal matters.  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, Chinle, AZ.  Represents the interest of the Navajo Nation in prosecuting individuals alleged to have violated provisions of the Navajo Nation Code; reviews citations, arrest sheets and other law enforcement documents and reports; interviews witnesses, gathers facts and data; determines if sufficient evidence exists to support the charges; conducts legal research; drafts complaints, motions and/or other legal proceedings; prepares a legal strategy; gathers and compiles evidence; identifies and subpoenas witnesses, records and other information required to present the case. Prepares and presents criminal and civil cases in the Navajo Nation and appellate courts; prepares legal memoranda, briefs, motions and other required documents for court presentation; performs extensive legal research.  This position serves at the pleasure of the Chief Prosecutor.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Prosecutor, Crownpoint, NM.   Represents the interest of the Navajo Nation in juvenile adjudications, dependencies, Children in Need of Supervision (CHNS); research and study of litigation of juvenile proceedings and child neglect cases including appellate cases, reviews police, social service, and related reports/complaints, and other law enforcement documents and reports; prepares oral arguments, gathers facts and data; determines if sufficient evidence exists to support the charges; attends juvenile related hearings in Navajo Nation Courts; conducts legal research; drafts complaints, motions and/or other legal proceedings; prepares a legal strategy; identifies and subpoenas witnesses, records and other information required to present the case, prepares legal memoranda, briefs, motions and other required documents for court presentation; performs extensive legal research. Makes decisions in sensitive case and seeks assistance as needed in the juvenile matter.  This position serves at the pleasure of the Chief Prosecutor.  This position is open until July 8, 2021 by 5:00 p.m., please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.


Humboldt County California, Department of Health and Human Services

Social Worker IV A-D: Humboldt County California. This position is an ICWA specific position with Child Welfare Services. Responsible for Native American children and family casework of advanced nature in the most complex social services areas.  Casework requires experience with Native families, experience and understanding of active and reasonable efforts, and the application of high level and sophisticated social service expertise and techniques. Incumbents at the Social Worker IV, C/D ranges additionally may perform professional level assessment, diagnosis, group, family and individual therapy and consultation with Native American families. Closing date: July 12, 2021. For details on how to apply, please click the job description.

Oneida Judiciary (WI)

Family Court Judge, Oneida, WI.  The Family Court Judge is responsible for presiding over the Oneida Nation’s family law and child welfare cases; oversees proper management of the Family Court’s calendar and business, including recruiting and training guardians ad litem; supervises the Clerks of Family Court; and assists in developing the annual budget for the Family Court.  The Family Court Judge must (1) have a juris doctor from an accredited law school, (2) have at least 5 years of experience practicing in the area of family law; and (3) be licensed to practice law in the State of Wisconsin or gain admission to the State Bar of Wisconsin within one year of taking office.  For more information, please see the position description or apply at https://oneida-nsn.gov/divisions/hr-employment/job-employment/.  The position is open until filled.

Mark Echo Hawk
Paralegal, Remote. The position involves assisting Tribal attorney Mark Echo Hawk on diverse legal matters associated with federal Indian law and representing Tribal government and Tribal businesses. Applicants must demonstrate excellent communication skills, attention to detail, superior proofreading capacity and organizational ability, and be proficient in MS Word, Excel, Outlook and legal practice management programs. Administrative duties will include calendaring, client and agency/court communications, and assigned office management tasks. Five years of paralegal experience and a paralegal certificate are preferred. We provide benefits including health insurance, 401K, and competitive compensation DOE. Please send your resume, a writing sample, and cover letter to mark@echohawk.com. Closing Date: Friday, July 16, 2021 For more information, please see the position description.

Western Environmental Law Center (WELC)

Staff Attorney, Wildlands & Wildlife Program (Pacific Northwest). This full-time position will be located in Portland or Eugene, Oregon, or in Seattle, Washington (remote locations in the Pacific Northwest will also be considered). The three areas of focus for this position’s responsibilities include: 1) Engage in strategic, legal, and policy advocacy, including litigation, on behalf of WELC clients and partners on Western U.S. federal public lands and wildlife management issues; 2) Develop and maintain relationships with historically under-represented communities, with a particular emphasis on Pacific Northwest Indigenous Nations and communities; and 3) Work with WELC leadership to expand and deepen the organization’s commitment to equity, inclusion, and justice in the Pacific Northwest. Please see the full PDF job description accessible from this posting and on the WELC website for complete details. To apply, please send requested application materials to jobs@westernlaw.org by August 1, 2021. This position will remain open until filled.

Staff Attorney, Climate & Energy Program (Helena, MT). This is a full-time position to join our team in Helena, Montana, but other WELC offices and remote locations will be considered. The central focus of this position is strategic, legal, and policy advocacy centered on the confluence of the climate crisis with the federal public lands fossil fuels program. The three areas of focus for this position’s responsibilities include: 1) Litigation and administrative engagement pertaining to federal public lands fossil fuel planning, leasing, infrastructure, and drilling approvals; 2) Engagement in federal climate, fossil fuels, public lands, and energy transition legislation, rulemaking, and policymaking; and 3) Advocacy to link and amplify federal fossil fuels advocacy with Tribal, state, and community-based climate, fossil fuels, and energy transition action. Please see the full PDF job description accessible from this posting and on the WELC website for complete details. To apply, please send requested application materials to jobs@westernlaw.org by August 15, 2021. This position will remain open until filled.

The Leech Lake Band of Ojibwe

Associate Tribal Attorney, Cass Lake, Minnesota.  The Associate Tribal Attorney assists 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.  The tribal attorney is responsible for preparing and analyzing contracts, legal documents, Tribal Codes, ordinances and Resolutions.  The attorney will represent the Leech Lake Band of Ojibwe in tribal, State and Federal Court.  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.

Lower Elwha Klallam Tribe

Associate Tribal Attorney.  The Lower Elwha Klallam Tribe seeks a full-time Associate Tribal Attorney for its on-reservation Office of Tribal Attorney (“OTA”). The Lower Elwha Reservation is located five miles west of Port Angeles, WA, near Olympic National Park. OTA was established in 2008 and handles most of the Tribe’s legal workload while also supervising outside counsel. This is a new position and will be the third Attorney in OTA. Associate will have a significant caseload spanning the full spectrum of tribal legal work. Open until filled, but desire to fill ASAP. For details on how to apply, please click on position title to see attached Announcement.

Earthjustice

Associate Attorney, Northeast Regional Office, New York City.  The Associate Attorney will support and collaborate with our team of lawyers and scientists working to support healthy communities and speed the transition from dirty fossil fuels to clean energy solutions in the Northeast region. Candidates interested in Associate Attorney, Northeast role should submit a resume, cover letter, three professional references and a writing sample. Link to apply here. Please see the position description for more information.

See previous posts.

New Report on Tribal Co-Management of Federal Public Lands

Highly recommended.

Monte Mills and Martin Nie have published “Bridges to a New Era: A Report on the Past, Present, and Potential Future of Tribal Co-Managment on Federal Public Lands” in the Public Land & Resources Law Review.