National Indian Law Library Bulletin (5/5/2021)

Indian Law Bulletins
from the National Indian Law Library

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html
A petition for certiorari was filed in one case on 4/14/21:

  • Gilbert v. Weahkee (Indian Health Service; ISDEAA Contracts)

A petition for certiorari was filed in another case on 4/26/21:

  • Pierson v. Hudson Insurance Company (Waiver of Sovereign Immunity; Criminal Jurisdiction)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

  • Rabang v. Kelly (Disenrollment)
  • Navajo Nation v. Department of the Interior (Water Rights; Trust Breach)
  • Dutchover v. Moapa Band of Paiute Indians (Sovereign Immunity; Tribal Police)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

  • Michael C., Tyana T. v. Department of Child Safety, Greenville Rancheria (Indian Child Welfare Act)
  • Olga C. v. Department of Child Safety, Tohono O’odham Nation (Indian Child Welfare Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2021.html

  • Fort Peck Tribes v. Smith (Exclusion; Banishment; Indian Civil Rights Act)

U.S. Legislation – 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

  • S.1402 – A bill to amend the Native American Languages Act to ensure the survival and continuing vitality of Native American languages, and for other purposes.
  • S.1471/H.R.2930 – To enhance protections of Native American tangible cultural heritage, and for other purposes.
  • H.R.2878 – To direct the Secretary of Veterans Affairs to carry out a Native VetSuccess at Tribal Colleges and Universities Pilot Program.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

  • The Secretary of the Interior has the authority to take land into trust for federally recognized Alaska tribes.
  • “The desert is our home.”
  • Coeur D’alene Tribe v. Hawks: Why federal courts have the power to recognize and enforce tribal court judgments against nonmembers “because of the federal government’s unique relationship with Indian tribes.”
  • The disproportionate effect on Native American women extending the Federal Involuntary Manslaughter Act to include a woman’s conduct against her child in utero: United States v. Flute.
  • Mirrored harms: Unintended consequences in the grant of tribal court jurisdiction over non-Indian abusers.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • New report looks into water insecurity in tribal lands across Colorado River Basin
  • Cherokee Nation working to deal with avalanche of McGirt cases
  • Ninth Circuit Court of Appeals decision delivers significant victory for the Navajo Nation
  • Pueblo, Indian Health Service reach hospital agreement
  • Ute Indian Tribe Business Committee engages Aquila Cubed Consulting, LLC, to expand economic development opportunities with Federal Communications Commission Spectrum License
  • Poet Laureate launches project to commemorate Indigenous communities
  • Federal partners, tribal leaders, Native youth carry messages of resiliency, overcoming COVID-19 trauma at National Tribal Public Health Summit
  • Schatz leads Indian Affairs oversight hearing to examine federal COVID-19 response in Native education systems
  • UW grad combines research, tribal traditions in wolf relationship plan
  • Indigenous media suffer from lack of funding, representation

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,
    2. location (city, state),
    3. main duties,
    4. closing date,
    5. and any other pertinent details such as links to application;
  2. An attached PDF job announcement.

The Lac Courte Oreilles Office of the Attorney General

Assistant Attorney General, Hayward, WI. Serves as an Assistant Attorney General for the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. The Asst. AG provides legal advice and assistance to the Lac Courte Oreilles Tribal Governing Board, tribal administrators, program and enterprise directors/managers, and boards/committees. Will prepare legal documents, including pleadings and legal opinions.  Serves as a Tribal Prosecutor for traffic citations, truancy, Child Welfare cases (tribal and ICWA), employment matters, conservation matters and other civil litigation.  Will provide legal representation in tribal, state, and federal courts of law. his position involves working on Indian Child Welfare matters in federal, state and tribal courts.  The AAG represents and advises council on legislative matters affecting the tribe in areas of child welfare, guardianships, etc.  The AAG provides legal services to tribal law enforcement and the LCO Public Safety Commission.  The AAG reviews and drafts contracts for legal sufficiency in related areas. The application can be found here: https://www.lcotribe.com/employment. Application deadline: May 20, 2021.

The Confederated Tribes of the Umatilla Indian Reservation 

Tribal Attorney, near Pendleton, Oregon. Provide services as guided by the goals and objectives under the CTUIR Comprehensive Plan and consistent with the responsibility of the Office of Legal Counsel. This Tribal Attorney position is assigned to represent and advise the CTUIR in its NAHASDA, low-come tax credit and other home ownership, development and advising supported by related funding sources. Apply via http://ctuir.org/tribal-attorney-2 Umatilla is a tribal preference employer. For more information, please see the job description.

Navajo Nation Office of Legislative Counsel

Summer Law Clerk – Window Rock, AZ. The Office of Legislative Counsel seeks a determined and motivated 1L or 2L for a paid law clerk position The Navajo Nation Office of Legislative Counsel provides legal service to the Navajo Nation Council and its Standing Committees, boards and commissions involving various areas of law and policy. Interested candidates should send a letter of interest, resume, law school transcript (unofficial) and a brief writing sample to Office of Legislative Counsel at olc@navajo-nsn.gov. Facsimiles will also be accepted at (928) 871-7576. If you have questions, please contact Chief Legislative Counsel, Dana Bobroff, at (928) 871-7166. The application deadline has been extended to May 5, 2021 at 5:00 MST.

Attorney. Work under the direction of the Chief Legislative Counsel. Duties include providing legal advice and legal representation to entities of the Legislative Branch, the Navajo Nation Council, its standing committees, boards and commissions involving various areas of law and policy. Work with other attorneys of the Office under supervision of a Principal Attorney and the general direction of the Chief Legislative Counsel. Knowledge of legal principles, as well as Federal Indian law, Navajo Nation laws, Navajo Nation Government and legislative processes in general required. Applicant must be a graduate of an accredited law school with Juris Doctorate; and State Bar Licensed in either AZ, NM, or UT, as well as the Navajo Nation Bar, within one year of employment. For more information please, see the position description at www.dpm.navajo-nsn.gov or to apply, applications are accepted via email (apply@dpm.navajo-nsn.gov). Position is open until filled.

Yee Ha’ólníi Doo

Executive Director, remote. Yee Ha’ólníi Doo (which does business as the Navajo & Hopi Families COVID-19 Relief Fund) seeks an energetic, visionary, and impactful Executive Director who will lead the organization in working to empower the Diné and Hopi people with the fortitude to overcome challenges like pandemics and climate change through traditional principles of self-reliance and interrelatedness.  The Executive Director must be able to work quickly and strategically to develop on-the-ground solutions to crises and challenges facing the Diné and Hopi people as they arise, and must also plan for long-term sustainable solutions to better position the Diné and Hopi people to respond to future challenges with increased resiliency.  The Executive Director must draw upon and put into practice Diné and Hopi cultural values and teachings in her or his work. The Executive Director will be the key management leader of Yee Ha’ólníi Doo. The Executive Director is responsible for overseeing the administration, programming and strategic plan of the organization. Other key duties include fundraising, marketing, and community outreach. The position reports directly to the Board of Directors. Closing Date: May 31, 2021 Visit navajohopisolidarity.org for complete job description. If you have questions, please call 1-833-956-1554. Please submit a cover letter, resume, and 3 references titled Executive Director to marci.nhfcr@gmail.com or by mail to Yee Ha’ólníi Doo, PO Box 3581, Flagstaff, AZ 86003. 

The Fond du Lac Band of Lake Superior Chippewa

RFP.  Provide judicial services for the Band’s tribal court.  The Band expects to select one individual to serve as the Band’s Chief Judge.  The Chief Judge position is the Band’s primary trial court judge.  The current Chief Judge is retiring. The Chief Judge provides general supervision for the court; presides on motions and requests of the parties; schedules and presides over conferences, evidentiary hearings and bench trials; conducts necessary legal or factual research; and renders legal opinions. The Band’s ordinances are available at http://www.fdlrez.com/government/fdlordinances.htm.  Proposals must be received by 4:30 p.m. central time on Friday, May 28, 2021. For more information, please see the position description.

Jill Grant & Associates, LLC

Associate Attorney. Washington, D.C. Seeking an associate attorney with at least three years of experience. Jill Grant & Associates provides environmental counsel and representation to Indian tribes, tribal entities, local governments, and environmental organizations, and represents tribes on jurisdictional and administrative law issues. Experience and/or demonstrated interest in environmental law is required. Prior law firm experience is beneficial. Flexible office arrangements and remote work will be considered. We are an equal opportunity employer. Native Americans are encouraged to apply.  To apply, please submit: (1) a cover letter describing your interest in and qualifications for the position, (2) a resume, (3) a legal writing sample, (4) a list of references, and (5) a law school transcript by email to associateposition@jillgrantlaw.com.

Part-Time Attorney, Washington, D.C.. Seeking an experienced attorney looking to work part-time. Jill Grant & Associates provides environmental counsel and representation to Indian tribes, tribal entities, local governments, and environmental organizations, and represents tribes on jurisdictional and administrative law issues. Experience in environmental law is required. Prior law firm experience is beneficial. Flexible office arrangements and remote work will be considered. We are an equal opportunity employer. Native Americans are encouraged to apply.  To apply, please submit: (1) a cover letter describing your interest in and qualifications for the position, (2) a resume, (3) a legal writing sample, (4) a list of references, and (5) a law school transcript by email to associateposition@jillgrantlaw.com.

Environmental Policy Innovation Center

Legal Fellowship (12 month, paid), remote or Washington, D.C. Tribal and Federal Natural Resources Mitigation Law and Policy. For a recently graduated law student or very early career lawyer. American Indian and Alaska Native tribal members are strongly encouraged to apply. The fellow will work on various aspects of tribal natural resource law and federal policy opportunities under the Biden administration. The fellowship will focus on the Western U.S., with an emphasis on federal-level policy and the option to work on specific projects in partnership with individual tribes depending on the fellow’s interests. For more information, please see the job announcement.

See posts from April 23, 2021.

Montana Indian Law CLE (May 7, 2021)

Tribal Court Lay Advocates and law students can join the Indian Law Section as an associate member here: https://www.montanabar.org/page/ILSassociatemembership (not required to attend CLE).

Indian Law Section CLE

Presented by the Indian Law Section, State Bar of Montana; 

With the Criminal Law Section, State Bar of Montana 

Friday, May 7, 2021

(all times MST)

Register here: https://www.montanabar.org/events/EventDetails.aspx?id=1497436

12:45 – 1:00: Opening (Lillian Alvernaz, Indian Law Section Chair; James Taylor, Criminal Law Section Chair; Sam Alpert, State Bar of Montana) 

1:00 – 2:45: The Death Penalty in State & Federal Courts

  • Panelists: 
    • Michael Donahoe, Deputy Federal Defender, Federal Defenders of Montana
    • SK Rossi, Owner, Central House Strategies 
    • Gary Mitchell, Attorney
  • Session Moderator: James Taylor, Managing Attorney, Tribal Prosecutors Office, Confederated Salish & Kootenai Tribes
  • Session Overview: The panel will present an overview of the federal death penalty and the ethical issues in representing someone facing a possible death sentence; the history of the death penalty in Montana with an emphasis on recent changes in the state system; and an in-depth discussion of United States v. Lezmond Mitchell

2:45 – 3:00: Break

3:00 – 4:45: Holistic Responses in the Tribal Justice System

  • Panelists: 
    • Dr. Sarah Deer, Professor, University of Kansas
    • Kathleen Littleleaf, Billings Urban Indian Health & Wellness Center
  • Session Moderators: Robin Turner (ILS Section Member) & Lillian Alvernaz
  • Session Overview: This panel will discuss the impacts of over-policing and incarceration of Native American people and how Tribal justice systems can work to holistically support individuals involved in the criminal justice system. The presenters will also explore the disproportionate victimology of the Native American population and how abiding by non-Indian systems of justice fails Native American people.

4:45 – 5:00:  Closing

Ninth Circuit Affirms Dismissal of Nooksack Disenrollees’ RICO Suit

Here is the unpublished opinion in Rabang v. Kelly.

Briefs here.

Federal Court Dismisses Tribal Police Officer Suit against Moapa Band

Here are the materials in Dutchover v. Moapa Band of Paiute Indians (D. Nev.):

8 Amended Complaint

28 Motion to Dismiss

37 Response

42 Reply

53 DCT Order

“A Howl: A Comics Collection of Wolves, Werewolves, and Rougarou” Kickstarter Campaign Begins Today

Here.

Bay Mills Indian Community Brings Contested Case against Line 5 Tunnel Proposal

Here.

Trickster 10th Anniversary Edition Releases May 3, 2021

This 10th Anniversary Edition includes a new trickster tale (by Fletcher) and storytelling guides.

Available from Chicago Review Press here. Also ask for it at your local independent bookstore. My faves are Birchbark Books, Schuler Books, Horizon Books, and Brilliant Books.

Last Call for ILPC/TICA Conference CFP

Head to www.indigenouslawconference.com for details. CFPs are due tomorrow, May 1, 2021.

Interior Withdraws M-37064 and Issues M-37069 (AK Land into Trust)

Previous post here.

New M-letter here.

Nice job, (Principal Deputy) Solicitor Anderson.