Turtle Talk

Washington COA Restores Yakama Nation Suit against County over Land Use Ordinance

February 3, 2021Matthew L.M. Fletcher

Here are the materials in Confederated Tribes and Bands of the Yakama Nation v. Okanogan County (Wash. Ct. App.):

An excerpt:

This appeal concerns one of endless broken promises by American government authorities toward Native Americans. The breach of an agreement in this instance also encompasses a violation of a court order.

The Confederated Tribes and Bands of the Yakama Nation (Yakama Nation) agreed to dismiss a lawsuit against Okanogan County, and, in return, the county agreed to adopt, by December 31, 2018, a new comprehensive plan and zoning ordinance that hopefully addressed the concerns the Nation had about the county’s current plan and ordinance. The superior court signed an order of dismissal without prejudice of the lawsuit, which order incorporated the many promises of the parties. When Okanogan County failed to adopt a new plan and ordinance by December 31, 2018 and thereby violated the court order, the Yakama Nation moved to vacate the order of dismissal. The superior court denied the motion to vacate on the alternative grounds that it lacked authority to vacate an order of dismissal without prejudice and that the Nation had no sustainable cause of action against the county for breaching its promises or violating the court order. Because the order of dismissal without prejudice imposed numerous obligations on Okanogan County, some of which it has disobeyed, we rule that the motion to vacate should have been granted. We thus reverse the superior court.

Oklahoma SCT Punts (I Don’t Mean in a Bad Way) on State and Tribal Taxes on Nonmembers on Creek Nation Restricted Lands

February 3, 2021February 4, 2021Matthew L.M. Fletcher

Here is the opinion in Warehouse Market Inc. v. State of Oklahoma ex rel. Oklahoma Tax Commission.

Briefs:

Oklahoma Brief

Warehouse Market Brief

An excerpt:

The plaintiff/appellee, Warehouse Market subleased a commercial building from the defendant Pinnacle Management, Inc. The building is on federally restricted Indian land. Subsequently, the defendant/appellant, Oklahoma Tax Commission (OTC) and the Muscogee (Creek) Nation Office of Tax Commission (Tribe) both sought to collect sales tax from Warehouse Market. Warehouse Market filed an interpleader action in the District Court of Okmulgee County, in an attempt to have the court determine which entity to pay. However, the trial court dismissed the Tribe because it had no jurisdiction over it because of the Tribe’s sovereign immunity. The trial court then determined that the OTC could not be entitled to the sales tax unless and until the dispute between the OTC and the Tribe was resolved in another forum or tribunal. The OTC appealed and we retained the appeal. We hold that because the substance of Warehouse Market’s action/request for relief is a tax protest, exhaustion of administrative remedies is a jurisdictional prerequisite to seeking relief in the trial court.

Federal Judge Temporarily Blocks Closure of IHS Hospital

February 2, 2021Matthew L.M. Fletcher

Here are the materials in Pueblo of Acoma v. Dept. of Health and Human Services (D.D.C.):

Washington COA Reconsiders, Holds King Co. Police Must Face Wrongful Death Action in Killing of Muckleshoot Member

February 2, 2021Matthew L.M. Fletcher

Here are the materials in Davis v. King County (Wash. Ct. App.):

79696-6-8-I Appellants’ Motion for Reconsideration

79696-6-8-I Appellees’ Response to Motion for Reconsideration

79696-6-8-I Order-Opinion

Prior post here.

South Dakota SCT Holds State Police May Investigate Violations of State Law in Indian Country

February 1, 2021Matthew L.M. Fletcher

Here are the materials in State v. Cummings:

Opinion

Record + Briefs

Wakpamni Lake Corp. Seeks Relief from Default Judgment in TED Bonds Fraud Case

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

Here is the pleading from Michelin Retirement Plan v. Dilworth Paxon LLP (D.S.C.):

608 WLCC Rule 60 Motion

608-1 Lone Hill Declaration

608-15 Victim Impact Statement

608-16 Raynes Declaration

An excerpt from the motion:

In or about the fall of 2017, a man named Quattlebaum contacted WLCC and Wakpamni Lake Community President Lone Hill on three separate occasions. (Lone Hill Decl. ¶ 27; see also Raynes Decl. ¶ 16.) President Lone Hill understood that Mr. Quattlebaum was Judge Quattlebaum, then a United States District Judge for this Court.1 (Lone Hill Decl. ¶ 27; see also Raynes Decl. ¶ 16.) Mr. Quattlebaum asked President Lone Hill about the financial state of WLCC and Wakpamni Lake Community and about the subject matter of the lawsuit. (Lone Hill Decl. ¶ 27.) Based on the information received, Mr. Quattlebaum deduced that WLCC and the Wakpamni Lake Community were destitute. (Id.) President Lone Hill understood from her conversations with Mr. Quattlebaum that he understood and appreciated their innocent and impoverished position. President Lone Hill further understood and believed that Mr. Quattlebaum—as a judge of this Court—indicated to her that no further action was needed with respect to this case.

Prior post in this case here.

Connecticut SCT Briefs in Great Plains Lending LLC v. State of Connecticut Dept. of Banking

February 1, 2021Matthew L.M. Fletcher

Here:

Prior post here.

Call for Nominations for the 2021 Lawrence R. Baca Lifetime Achievement Award

January 30, 2021January 29, 2021Matthew L.M. Fletcher

Call for Nominations for the 2021 Lawrence R. Baca Lifetime Achievement Award

Please consider nominating someone for the 2021 Lawrence R. Baca Lifetime Achievement Award for Excellence in Federal Indian Law!

Past recipients include Lawrence R. Baca, Professor Phil Frickey, John Echohawk, Professor David Getches, Alan Taradash, Professor Carole E. Goldberg, Tom Fredericks, Walter Echo-Hawk, Arlinda Locklear, Professor Charles Wilkinson, Professor Bill Rice, Professor Rob Williams, Eric Eberhard and Heather Kendall Miller, Frank Ducheneaux, Reid Peyton Chambers, Harry Sachse, and Hon. Abby Abinanti.

The deadlinefor nominations is Friday, February 12, 2021.

Qualifications:

1. Nominee must have worked in the field of Indian law for at least twenty years as a practitioner, judge, legislator, leader, scholar or educator;

2. Be of good standing and held in high esteem in his or her professional arena;

3. And have made significant contributions to the field of Indian law through litigation, development of legislation, scholarship, or the development of Indian law students or through tribal leadership.

Please view the award page for nomination and submission details.

Friday Job Announcements

January 29, 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
1. position title,
1. location (city, state),
1. main duties,
1. closing date,
1. and any other pertinent details such as links to application;
An attached PDF job announcement.

Ute Tribal Court

Prosecutor, Fort Duchesne, UT. The Prosecutor is responsible for independently prosecuting criminal, juvenile, civil, and other cases in the Ute Indian Tribal Court. The applicant must be a Utah State Licensed Attorney or eligible and have a Juris Doctorate from an ABA accredited law school. Applicants should complete a Tribal Application Form at www.utetribe.com and then mail the completed Tribal Application Form, cover letter and resume to: Ute Indian Tribe, Attn: Human Resources, Re: Prosecutor, P.O. Box 190, Fort Duchesne, UT 84026. Please see the position description for more information.

Earthjustice

Associate Attorney, Clean Energy, Denver, CO. The Rocky Mountain Office of Earthjustice is seeking an Associate Attorney to focus on our clean energy work in Colorado, Arizona, and nearby states. The Associate Attorney will primarily focus on our office’s work to promptly and equitably transition the electric, transportation, and building sectors from fossil fuels to clean energy. This work will involve litigation and other advocacy before state public utilities commissions, state air agencies, the courts, and other state and federal agencies to advance clean energy and a healthy climate. Please see the position description for more information.

The Knudson School of Law at the University of South Dakota

Associate Dean of Academic Affairs, Vermillion, SD. The Associate Dean coordinates academic affairs and curricular matters, reporting directly to the Dean. The position coordinates planning, management, and assessment of the law school’s academic program. Application is open until filled. Please click here for the application and see the position description for more information.

Anishinabe Legal Services

Staff Attorney, Cass Lake, MN. Anishinabe Legal Services is looking to hire a licensed attorney to provide civil legal assistance and court representation to program clients before area Tribal Courts, State Courts, and Administrative Forums. This position will be open until filled. Please see the hiring announcement for additional information.

New Mexico Legal Aid Native American Program

Staff attorney, the office is located within the Santa Ana Pueblo lands, however, due to COVID-19, NMLA has allowed accommodations for remote work temporarily. NAP attorneys handle cases and matters in several jurisdictions involving federal Indian law and tribal law issues, including representation of low-income individuals in Pueblo and tribal courts and other forums, which may include family law, consumer law, and criminal law matters. NAP conducts outreach to tribal and Pueblo communities. Additionally, NAP attorneys sometimes handle poverty law issues involving consumer and family law matters in forums other than tribal courts. Please see the position description for more information and to apply. Deadline: February 19, 2021, otherwise open until filled.

AmeriCorps Member: Native Communities Medical-Legal Partnership Attorney. Practice Areas Children’s Rights, Consumer Protection/Debt/Bankruptcy, Disability Law/Rights, Education, Elder Law, Employment/Labor, Family Law, General Legal Services, Health Law, Housing/Landlord-Tenant, Juvenile Issues, LGBTQ, Litigation, Native American/Indian/Tribal Law, Poverty, Probate/Trust & Estate Issues, Public Benefits/Social Security, Racial Justice Issues, Women’s Rights. For more information and to apply, please see the position description. Deadline: February 28th, 2021, however candidates are encouraged to apply sooner as applications will be reviewed on a rolling basis.

Staff attorney, Gallup office, in the NAP (Santa Ana) office, or remote. Handle Native American, domestic violence, and general poverty law work. New Mexico Legal Aid (NMLA) seeks a staff attorney to represent people in poverty law work predominantly in the northwest counties of New Mexico. NAP attorneys handle cases and matters in several jurisdictions involving federal Indian law and tribal law issues. For more information and to apply please see the position description. Deadline: February 19, 2021, otherwise open until filled.

Association on American Indian Affairs

Public Affairs & Outreach Coordinator, can be remote. In this position, you will develop, oversee and implement the Association’s public affairs, public education and social media campaigns, as well as provide outreach to Native Nations, other organizations and the public about our important work. Send your application or any questions to general@indian-affairs.org. The full position description and application instructions can be found on our website.

Oglala Sioux Legal Department

Two (2) In-House Counsel Positions

Lead
Senior Associate

The In-House Counsel(s) will work for the OST Council, the Executive Committee, and with two (2) Tribal Council Standing Committees each as listed below: Land Committee, Health and Human Services Committee, Education Committee, Economic and Business Development Committee, Law and Order Committee and Finance Committee. SUBMIT DOCUMENTS TO: Lisa Cummings, OST Legal Department, PO Box 1204, Pine Ridge, SD 57770 – EMAIL: LisaC@ostlegal.org or FAX: 605-867-2140. See the description for more information. Qualifications here.

See posts from January 22, 2021.