Turtle Talk

NNALSA Moot Court Competition Updates!

March 1, 2021Neoshia Roemer

Kacey Chopito (Pueblo of Zuni) and Cassondra Church (Pokagon Band of Potawatomi Indians) competed and advanced to the Final Four round in the 29th Annual National NALSA Moot Court Competition at the University of North Dakota School of Law on February 26-27, 2021. Photo credit: Cassondra Church.

This weekend, three MSU LAW teams competed in the National NALSA Moot Court Competition at the University of North Dakota School of Law. While we are proud of all three of our teams, we are especially pleased to announce that 3Ls Kacey Chopito and Cassondra Church (pictured above) advanced to the Final Four round of this year’s competition, winning both a Semi-Finalist Award and 2nd Place for Best Written Advocates!

We are very proud of all three of our teams (pictured below), who were coached by Linus Banghart-Linn and Neoshia R. Roemer! Please join us in congratulating them on their hard work!

From left to right: Cassondra Church, 2L Val Schuette (Pascua Yaqui Tribe), 3L Sapphire Long Knife (Fort Belknap Indian Community), 2L Breanna Colwell (Saginaw Chippewa Indian Tribe), Coach Linus Banghart-Linn, Coach Neoshia R. Roemer, 3L Redon Ipeku, and Kacey Chopito. Photo credit: Breanna Colwell.

Federal Court Dismisses ICRA Habeas Petition Challenging Enhanced Sentence under TLOA

March 1, 2021February 28, 2021Matthew L.M. Fletcher

Here are the materials in Picard v. Colville Tribal Correction Facility (E.D. Wash.):

1 Habeas Petition

15 Answer

15-5 Colville Appellate Court Opinion

21 DCT Order

Montana Federal District Court Holds Crow Tribe Has Jurisdiction Over Electric Co-op

February 28, 2021Matthew Campbell

Here is the Order in Big Horn County Electric Cooperative, Inc., v. Alden Big Man, et al. Download

Previous post on this litigation here.

Oregon Court Affirms Klamath Tribes’ Water Rights

February 28, 2021Matthew Campbell

On Wednesday, February 24, 2021, in an order from Klamath County Circuit Court Judge Cameron F. Wogan, the Oregon court again affirmed the Klamath Tribes’ water and treaty rights. Wednesday’s order rejected attacks on the Tribes’ water rights determined by the Oregon Water Resources Department (OWRD) during the administrative phase of the Klamath Basin Adjudication (KBA), affirmed the senior priority date of the Klamath Tribes’ water rights in the Klamath Basin, and upheld the need to maintain a healthy and productive habitat to meet the Tribes’ treaty right to fish, hunt, trap, and gather.

Klamath Tribes Chairman Don Gentry responded to the order, “We are pleased that Judge Wogan upheld the rulings from the administrative phase of the KBA. He reaffirmed that the 1864 treaty entered into between the Klamath Tribes and the United States reserved to the Tribes sufficient water to keep our fisheries and other aquatic resources healthy so that we can protect our natural resources and cultural traditions.”

NARF Staff Attorney Sue Noe explained, “Judge Wogan correctly affirmed quantification of the Tribal water rights based on the habitat needs of the fish, wildlife, and plants. Although he ruled that opponents of the Tribal rights will have another chance to try to reduce the amounts by showing the Tribes don’t need all the water awarded by OWRD to meet their livelihood needs, Judge Wogan made clear in no uncertain terms that the amounts cannot be below what is necessary to provide healthy and productive habitat.”

Importantly, like all other courts that have considered the issue, Judge Wogan ruled that the Klamath Tribes’ water rights extend to Upper Klamath Lake. Upper Klamath Lake forms part of the border of the former Reservation and provides critical habitat for the endangered c’waam and koptu (Lost River and shortnose sucker fish), which are sacred fish species traditionally harvested by the Tribes.

Represented by NARF, the Klamath Tribes successfully achieved recognition of their treaty-reserved water rights in federal court litigation in the 1970s and 1980s in United States v. Adair, but the federal courts left quantification of the water rights to the state adjudication in the KBA. After the successful conclusion of the KBA’s 38-year administrative phase, the Tribes were able to begin enforcing their water rights for the first time in 2013. The administrative determinations are presently on review in the Klamath County Circuit Court and Judge Wogan’s ruling is the latest to come out of that process.

Layli Long Soldier and Ann Tweedy Poetry Reading — March 5

February 28, 2021Matthew L.M. Fletcher

RSVP link here.

NYTs: “A Sacred Place Undone by Trump Must Be Saved by Biden”

February 28, 2021Matthew L.M. Fletcher

Here.

NNABA Foundation Bar Review Scholarship

February 26, 2021Neoshia Roemer

The National Native American Bar Association (NNABA) Foundation is continuing to accept applications for the 2021 Bar Review Scholarship. This scholarship is intended to alleviate some of the financial strains to ensure that future Native attorneys can successfully devote their mind and spirit to the final hurdle of becoming legal warriors. Applications are due March 1, 2021 to scholarship@nativeamericanbar.org. Please visit www.NativeAmericanBar.org for the full application criteria. Awardees will be honored at the NNABA Annual Meeting.

Additionally, the NNABA Foundation’s 2021 scholarship awards will be given in memory of some of our legal warriors who journeyed on this past year. The hope is that our awardees will carry the spirit and fight of their memorial award as they prepare for the bar exam and honor our legal warriors’ memories as they enter the legal profession.

If you would like to nominate a legal warrior to be honored in this way, please submit their name, bio, and photo (if appropriate) to scholarship@nativeamericanbar.org for consideration by the Scholarship Committee. If you would like to donate to this year’s scholarship awards, you can make donations to the NNABA Foundation at https://www.nativeamericanbar.org/the-national-native-american-bar-association-foundation/.

Friday Job Announcements

February 26, 2021Monica Williamson

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

Opportunities for Students

Lewis & Clark Law School

Study Indian Law Remotely This Summer. Offering summer courses via remote learning for the first time during Summer 2021. Law students from any accredited law school will have the opportunity to learn from top Indian Law experts around the country via classes conducted through Zoom. Registration for summer classes begins in February and the add/drop period ends on May 31, 2021. Summer classes are available for academic credit to Lewis & Clark law students, visiting law students, and for auditing by attorneys and non-law students. Please see the description for more information.

The Friends Committee on National Legislation

Paid Fellowship, Congressional Advocate on Native American Policy, may be temporarily remote, Washington D.C. Seeking candidates for a 27-month paid professional fellowship. American Indian and Alaska Native tribal members are strongly encouraged to apply. FCNL’s Congressional Advocate on Native American Policy receives one-on-one training from an FCNL lobbyist with deep experience on Native American policy issues and participates fully in the organization on the Domestic Policy Team. As an FCNL employee, this position receives professional level salary and benefits. For more details and to apply, visit fcnl.org/congressional-advocate. Applications will be accepted until March 17, 2021.

Great Lakes Indian Fish and Wildlife Commission

Division of Intergovernmental Affairs Summer Intern, Odanah, WI or remotely. The internship will entail legal research and writing, collaboration with GLIFWC staff and tribal leadership in meetings on tribal off-reservation wildlife and fishery management issues and participation in cultural activities. We are also intentional about providing value to our interns through mentorship, tailoring projects to the professional interests of our interns and activities related to the intern’s career development. Applications will be received until March 22, 2021 at 4:30 PM CDST. Please see the description for more information.

Lochen Law Offices

Summer Associate, currently remote, Milwaukee, WI. The position is for law students who have successfully completed or are presently enrolled in Constitutional Law—Powers and Federal Indian law, and have a demonstrated interest and/or background in advocating on behalf of Indian tribes. 2Ls and 3Ls based anywhere in the U.S. are encouraged to submit. The closing date is March 31, 2021. Please see the position description for more information.

Indian Law Opportunities

National American Indian Court Judges Association

RFP, Presentation Proposals. NAICJA invites presentation proposals for the 52nd Annual Virtual National Tribal Judicial and Court Personnel Conference to be held October 19-21, 2021. NAICJA’s Annual Conference offers innovative and timely tribal justice information through high quality presentations by national experts. Deadline to submit is Thursday, March 25, 2021, 5:00 pm MST. Submission form here. Please see the announcement for more information.

Secretary of the Interior

Attorney-Adviser (General), Anchorage, AK. Responsible for providing advice, legal services, litigation representation and support on behalf of the Secretary of the Interior and Interior bureaus, primarily for the Bureau of Indian Affairs (BIA). As an Attorney-Adviser with the U.S. Department of the Interior, Office of the Solicitor, Alaska Regional Office, duties will primarily be dedicated to providing legal services to the BIA-Alaska Region. Accordingly, expertise in general Indian law, Alaska Native law, and contracting and compacting pursuant to the Indian Self-Determination and Education Assistance Act is strongly preferred. Please see the announcement for more information. The closing date for this announcement on USAJobs is March 5, 2021.

University of Maine School of Law

(2) full-time Visiting Professor of Law, Portland, ME. Inviting applications for positions to teach Criminal Law or Property Law (including associated subjects such as Immigration, Natural Resources, and Federal Indian Law) for the 2021-2022 academic year. Salary will be commensurate with qualifications and experience. Members of minority groups, women, and others whose background would contribute to the diversity of the law school are encouraged to apply. Applications must be submitted to the University of Maine System Higher Touch portal here. You may email any questions to mainelawsearch@maine.edu. Please see the position description for more information.

Yurok Tribe

Prosecutor, Tribal Prosecutor Office, Klamath, CA. Main duties will be prosecuting tribal criminal matters and working with local counties on diversion programs as well as assist in the tribe’s MMIW project where appropriate. Full job description is located on the job posting website along with the application. This position is open until filled. Please see the description for more information.

Prairie Island Indian Community

Assistant General Counsel, Welch, MN. The Assistant General Counsel will be responsible for representing the Community in various matters, including those involving: contracts, tribal governance and tribal agencies, employment issues/disputes, land and environment, and more. The Assistant General Counsel position also includes representation of the Community’s Family Services Department in child protection, Indian Child Welfare Act (ICWA), adult guardianship and other matters in the Community’s Tribal Court and other courts as needed. Please see the position description for more information and to apply.

Tulalip Tribes

Attorney – Assistant Prosecutor, Tulalip, WA. Prosecute misdemeanor and felony cases in Tulalip Tribal court. Provide legal advice and support to the Tulalip Police Department. Draft and revise Tribal Codes for the Tribal lawmaking body. Conduct legal research concerning Tribal, Federal and State law. Application closes March 22, 2021. Contact Michelle Sheldon at michellesheldon@tulaliptribes-nsn.gov for more information and see the position description.

Attorney – Child Welfare, Tulalip, WA. Provides effective consultation and legal advice to Tribal Government, Tulalip Tribal Board of Directors, departments, programs and committees of Tribal government, appears in tribal court and superior court on behalf of Tulalip Tribes, and more. Application closes March 22, 2021. For more information contact Michelle Sheldon at michellesheldon@tulaliptribes-nsn.gov and see the position description.

Lower Elwha Klallam Tribe, Elwha Enterprises

Board Members, Elwha Enterprises, WA. The Lower Elwha Klallam Tribe seeks 5-7 initial Board members for its newly formed Elwha Enterprises. Lower Elwha is located on the northern coast of the Olympic Peninsula in Washington state, just west of the city of Port Angeles. Current businesses include small Class II Casino, Food & Fuel Convenience Store, Smoke Shop, retail Cannabis Store, hotel in planning stages. Experience in tribal economic development law highly desired for at least some Board slots. Please see the description for qualifications, contact info, and the application form. Please apply by March 9 for priority consideration.

Sitka Tribe of Alaska Child Advocacy Center Coordinator

Part-Time Child Victim Advocate / Interviewer, Sitka, AK. Interview children at a child advocacy center and serve as a child and caregiver advocate (alternating between roles for cases). Application closes March 5, 2021. To apply, visit www.sitkatribe.org and please see the position description for more information.

The Confederated Tribes of the Umatilla Indian Reservation

Tribal Attorney, Pendleton, OR. 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. A majority of the work is prompted by the CTUIR Housing Department, the tribal entity administering its Indian Housing Plan and Affordable Housing Activities pursuant to the Native American Housing and Self Determination Act of 1996. Apply via here and see the position description for more information.

PEEBLES KIDDER BERGIN & ROBINSON LLP

(2) Associates, Sacramento, CA. Seeking two associates for our Sacramento office with 3-9 years of experience in corporate law and governance, business transactions and economic development, litigation and dispute resolution. Experience in Federal Indian Law is preferred. Open until filled. Please see the position description for more information.

See posts from February 19, 2021.