Indian Country Today Profile of Amy Coney Barrett

Matthew L.M. Fletcher

Here.

Job Announcements

Monica Williamson

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

State of Michigan Office of the Governor

Deputy Legal Counsel, Lansing, MI. Attorneys within OLC work frequently with other divisions within the Executive Office of the Governor, including Appointments, Communications, Community Affairs, Federal Affairs, Legislative and Public Affairs, and Policy, as well is with the Department of Attorney General and leadership within other departments and agencies in the Executive Branch. OLC provides a range of legal services for the Governor of the State of Michigan and her staff within the Executive Office of the Governor. Closing Date October 16, 2020. Applicants will be reviewed and may be interviewed on a rolling basis. Please see the job description

Earthjustice

Staff Attorney, Los Angeles, CA. Earthjustice is now accepting applications for a Staff Attorney to join our California Regional team in its Los Angeles office. This position will focus on litigation and advocacy to compel a shift away from fossil fuels and toward equitable zero-emissions solutions across the transportation, power, and building sectors in California. This work serves as an important part of our work to clean up places in the country with the most polluted air, in addition to reducing harmful climate pollution. This Staff Attorney will work closely with our existing team of attorneys, a Research and Policy Analyst, and a Litigation Assistant/Legal Practice Administrator, in addition to other dedicated staff from the California Regional Office. 

The Native American Disability Law Center

Attorney Position, Flagstaff, AZ. The Law Center addresses the issues such as special education, employment, housing, abuse & neglect, and cases involving disability discrimination. Attorneys represent clients in administrative hearings, and tribal, state, and federal court actions – with a focus on systemic change. Additionally, Attorneys work with tribal governments on legislation & policies effecting individuals with disabilities. Please see the position description.

Southern Ute Tribe

Tribal Water Attorney, Ignacio, CO. Under the supervision of the Legal Department Director, attorney will serve as a member of the Tribe’s Legal Department, with principal responsibility for representing the Tribe on water matters. Where time allows, the attorney will represent the Tribe in other matters that require the Legal Department’s attention, including code review and drafting, litigation, contract review, and employment matters. Apply online at https://careers.southernute.com/pfund. Closes October 29, 2020, 5:00pm MST.

Havasupai Tribe Head Start Director

Head Start Director, Supai, AZ. The Head Start Director is responsible for managing the Head Start and Early Head Start (HS/EHS) program for the Havasupai Tribe. The Head Start Director must provide leadership in planning, designing, implementing, and evaluating program standards and procedures. The Head Start Director achieves program objectives by leading staff, developing program strategies and plans, overseeing grant funds and budgets, setting and managing program performance measures, and ensuring compliance with all contractual and regulatory requirements. Closing date – October 30, 2020. Please see the job announcement for more information.

ACLU of Montana

Civil Rights Staff Attorney, Missoula, MT. The ACLU of Montana works on a variety of issues that impact Indigenous people – including tribal sovereignty, voting rights, education equity and school discipline, criminal legal reform, religious freedom, and the decriminalization of poverty. This is currently a two-year position with the possibility of renewal in subsequent years. This position is based in Montana with the specific location open to discussion. This position will be remote until the office re-opens after the Covid-19 pandemic, at least through December 31, 2020. Application review will start October 19, 2020. Applications after this date are encouraged and will be accepted on a rolling basis until the position is filled. We are aiming for a start date in November, 2020. To learn more about the work of the ACLU-MT, please visit www.aclumontana.org or view the job description.

The Eastern Band of Cherokee Indians

RFP for Certified Public Accountant (CPA). EBCI Legislative Branch invites qualified individuals or firms to submit CPA services proposals. The Legislative CPA will work with Tribal Council to access all business transactions and prepare accurate reports, brief Tribal Council on the EBCI’s financial position and recommend solutions to improve results, thoroughly review the proposed budget for the upcoming fiscal year, review and revise the EBCI’s budgeting procedures, and develop, revise, and review EBCI accounting policies and processes. The proposal must be received no later than 3:00 P.M. Thursday, October 29, 2020.

Mille Lacs Band

Deputy Solicitor General, Onamia, MN. The Deputy Solicitor General performs legal work involving interpreting laws and regulations; preparing legal opinions, briefs, and other legal documents; rendering legal advice and counsel; consulting with trial attorneys; assisting in preparing cases for trial; drafting bills for legislative consideration, and assisting the Solicitor General in managing the affairs and duties of the function of Solicitor General. Application is open until filled.

Tohono O’odham Legislative Branch

Assistant Legislative Attorney, Sells, AZ. Under the direction of the Legislative Attorney, provides legal advice and representation to the Legislative council and standing committees on a wide range of issues affecting the Tohono O’odham Nation; works with tribal, federal and state officials as well as national- and state-level tribal advocacy groups, other tribes, private individuals and entities; maintains confidentiality of all privileged information. Please see the job description for more information.

Mashpee Wampanoag Tribe

Court Administrator, Mashpee, MA.  The job duties are administration of all court activities and supervision of court staff.  Maintenance of all court and grant budgets.  Providing public information.  Working cooperatively with the Chief Judge and Elders Judiciary Committee.  Good communication skills, writing skills, and computer literacy are essential.  This position is open until we can fill it.  All resumes can be emailed to Vivian.Bussiere@mwtribe-nsn.gov .  Please review the attached job description.

Hoopa Valley Tribe

Senior Tribal Attorney, Hoopa, CA. The Senior Tribal Attorney administers and supervises the Office of Tribal Attorney and will provide a broad range or legal services to the Hoopa Valley Tribal Council, Chairperson, tribal departments and entities, including consultation, research, drafting, representation in administrative proceedings, and other duties as assigned. Deadline to apply is November 5, 2020. Link to required employment application here.

Associate Tribal Attorney, Hoopa, CA. The Associate Tribal Attorney will serve in the Office of Tribal Attorney and will provide a broad range or legal services to the Hoopa Valley Tribal Council, Chairperson, tribal departments and entities, including consultation, research, drafting, representation in administrative proceedings, and other duties as assigned. Deadline to apply is November 7, 2020. Link to required employment application. Link to required employment application here.

DHHS/DVS

Statewide Victim Services Liaison, Traverse City, MI. Leads and coordinates the OVC Statewide Liaison project and develops policy for the Division of Victim Services, Department of Health and Human Services by working with local, tribal, federal, and other state programs serving rural and Native American victims for the purposes of identifying opportunities to improve services and increase access to legal assistance and representation for rural and Native Americans victims of domestic and sexual violence, and other related crimes, including Indian Country crimes. For more information please see the job description.

Trinidad Rancheria Tribal Court

Tribal Court Administrator, Trinidad, CA. Responsible for management and supervision of daily court operations and management, including assuming responsibility for the development, implementation and maintenance of case management systems, facilities management and security, strategic planning and fiscal activity, including budget development and administration and supervision of other financial matters of the Court. Applications can be downloaded here.

Chief Judge, Trinidad, CA. Responsibilities include the overall development of court rules and procedures, expansion of court jurisdiction,  administrative operations of the Tribal Court and supervision of and training of its employees, including case management, ancillary services (which may include things such as wellness court, cultural mediation program, victim protection program, child support, and youth program, contingent upon funding), and the timeliness of judgments and orders. Additionally, the Chief Judge will be working on comprehensive tribal code development, including reviewing and updating existing laws and codes, develop new essential codes, and community education and awareness meetings. Applications can be downloaded here.

Peebles Kidder

Associate Attorney(s), Sacramento, CA. Seeking entry level Associate and a mid-level Associate with experience in the areas of business transactions, corporate governance, contracts, economic development, or finance.  Our firm is widely recognized for our representation of Indian tribes and tribally owned entities. Applicants should send a resume, cover letter, law school transcript and writing sample. Positions open until filled. For more information please see the job description.

Tribal Partnerships

Midwest Staff Attorney.  Although the focus is on work in the Midwest, the person can be located in Chicago, Madison, Denver, or Seattle. This position will focus on litigation and advocacy on behalf of our tribal clients and partners in the Midwest and other regions as needed. Please see the job description for more information.

The Environmental Law Institute

Environmental Justice lead,  Washington, DC. We seek a policy-minded and committed strategic thinker to lead the further development of the ELI Research and Policy Department’s work devising legal, policy, and governance solutions to systemic racism. The EJ lead will coordinate the expansion of ELI’s Environmental Justice Initiatives, which requires an understanding of how racism has been entrenched in environmental law and policy, and strong relationships with community leaders challenging this systemic injustice. Applications will be considered on a rolling basis. The position will remain open until filled. To apply, please visit https://www.eli.org/employment. Please see the job announcement for more information.

Judicial Branch of the Navajo Nation

Staff Attorney, Chinle Judicial District, Chinle AZ. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.navajocourts.org/vacancies. This position is open until filled.

Staff Attorney, Aneth Judicial District, Aneth, UT. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.navajocourts.org/vacancies. This position is open until filled.

Staff Attorney, Kayenta Judicial District, Kayenta, AZ. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.navajocourts.org/vacancies. This position is open until filled.

District Court Judge, Judicial District Court, Navajo Nation Wide. The District Court Judge is responsible in presiding over civil, criminal and family court cases; provides policy direction and guidance in the operation of the Judicial District.  For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.

See posts October 2, 2020.

Alex Skibine on the Tribal Right to Exclude Nonmembers

Matthew L.M. Fletcher

Alexander Tallchief Skibine has posted “The Tribal Right to Exclude Non-Tribal Members from Indian-Owned Lands,” forthcoming from the American Indian Law Review, on SSRN.

Here is the abstract:

In 1981, the Supreme Court issued its decision in Montana v. United States, severely restricting the ability of Indian Tribes to assume civil regulatory and adjudicatory jurisdiction over non-tribal members for activities taking place on non-Indian lands within Indian reservations. The Court in Montana stated that “it could readily agree” with the Court of Appeals’ holding that the tribe could regulate the conduct of non-member on tribal lands. Yet, twenty years later, the Court issued its opinion in Nevada v. Hicks holding that in certain circumstances, the jurisdiction of Indian tribes could also be limited even if the activities of the non-members took place on Indian-owned lands.

It has been almost twenty years since Hicks and because of the cryptic and fractured nature of that decision, the federal circuits are divided and still trying to figure out under what circumstances tribal civil jurisdiction over non-members should be restricted when these activities take place on Indian-owned lands.

In this Article, I argue that among all the possible interpretations of Hicks, the one adopted by the Ninth Circuit makes the most sense. Under that interpretation, the so-called Montana framework used to divest tribes of jurisdiction is not applicable to cases where a tribe has retained the right to exclude. I argue that Hicks can be reasonably conceptualized as endorsing the 9th Circuit methodology. However, I also argue that Hicks should have been decided as a state jurisdiction cases and not a tribal divestiture of inherent sovereignty case. Re-imagining Hicks as a state jurisdiction case would not have changed the outcome but would have avoided the last twenty years of confusion surrounding how Hicks should be interpreted.

Highly recommended!

Black Hills St. U. Talk on Indigenous Suffrage (10/23)

Matthew L.M. Fletcher

Here is a link to register for the larger conference on the same day.

The panel:

2:30 PM    Breakout Sessions (Choose one; we will have a separate Zoom link for each breakout session) 

  1.  Indigenous Suffrage, Intersectionality, and Barriers Faced by Indigenous Women Voters
        Dr. Ann Tweedy, Assoc. Professor of Law, University of South Dakota
    1. This session will explore the history of indigenous suffrage in the U.S. and some of the Current challenges. It will highlight the stories of Native female voters and examine some of the barriers that they face to voting.

Seattle Times: “A victory for Native children’s rights to remain with family and tribe”

Matthew L.M. Fletcher

Op-ed by Kitty-Ann van Doorninck, Helen Halpert and Ron J. Whitener, here, profiling the recent watershed ICWA decision by the Washington Supreme Court, authored by Justice Raquel Montoya-Lewis.

Second Circuit Restores Guilty Verdict for Co-Conspirator in Wakpamni Lake Community Corp. TED Bond Fraud

Matthew L.M. Fletcher

Here is the opinion in United States v. Archer.

Here are the briefs:

Federal Brief

Archer Brief

US Reply

From the opinion:

This case concerns a scheme engineered by Jason Galanis (“Galanis”) and others to defraud a tribal entity, the Wakpamni Lake Community Corporation of the Oglala Sioux Tribe (the “Wakpamni”), of the proceeds of a series of bond offerings worth approximately $60 million. In doing so, the conspirators harmed not only the Wakpamni but also several investors upon whom they foisted the Wakpamni bonds – which had no secondary market – in order to generate cash for their own personal use.
 
In early 2014, Jason Galanis, Archer, Bevan Cooney, and others were working together to acquire financial services companies that they could “roll up” into a large financial conglomerate with Archer at the helm. They began by investing in Burnham Financial Group (“Burnham”), a well-established financial services company with a prominent name that they sought to leverage in building their own conglomerate. But to purchase additional so-called “roll-up” companies, they needed capital.
 
So, in February 2014, Galanis informed Archer and Cooney that he had been “brought a deal” for tax-free bonds from the Ogala Sioux Tribe, to which the Wakpamni belonged. App’x 848. The next month, John Galanis, Jason Galanis’s father, met with a representative from the Sioux Tribe and convinced the Wakpamni to issue a series of bonds, promising that the proceeds from the sale of these bonds would be placed into an annuity. The Wakpamni understood that the annuity “would be like an insurance wrapper that would protect the principal investment and generate annual income to cover the interest on the bonds as well as generate income for” the Wakpamni’s economic development projects. Tr. 1836; see also Tr. 1850. The scheme had an air of legitimacy: John Galanis represented to the Wakpamni that Wealth Assurance-AG, a legitimate insurance company that Archer, Cooney, Jason Galanis, and others had acquired, would be the annuity provider. The transaction documents, however, listed Wealth Assurance Private Client Corp. (“WAPC”), a shell entity that John Galanis falsely represented to be a subsidiary of Wealth Assurance-AG, as the annuity provider. In June 2014, one of Archer’s co-defendants opened a bank account in the name of WAPC (the “WAPC account”) and designated Hugh Dunkerley, another of Archer’s eventual co-defendants, as a signatory of that account. Finally, John Galanis represented to the Wakpamni that Burnham Securities Inc., a legitimate registered broker-dealer, would serve as the “placement agent” responsible for “undertak[ing] due diligence on the bonds, do[ing] a lot of legal [work] putting together … the contracts[,] and then finally find[ing] investors for the bonds.” Tr. 1005.
 
Once John Galanis set up the Wakpamni scheme, Jason Galanis, Archer, and others went about finding buyers for the bonds. A company with which Archer was affiliated financed the purchase of an investment adviser, Hughes Asset Management (“Hughes”), and Galanis installed another one of the co-defendants, Michelle Morton, as Hughes’s CEO. In August 2014, based on John Galanis’s promise that the proceeds would be invested in an annuity, the Wakpamni issued their first set of bonds. Morton purchased the entire issue, worth $28 million, on behalf of Hughes’s unsuspecting clients – without disclosing that the same individuals who induced the Wakpamni to issue the bonds also controlled Hughes and the purported placement agent. Placing the bonds in this manner, without investor knowledge or permission, also violated several of Hughes’s clients’ investor agreements. Most importantly, the bond proceeds were then placed into the WAPC account – not an annuity.
Unaware that the proceeds from the first bond offering had been diverted to the WAPC account and not invested in an annuity, the Wakpamni launched a second issuance the following month. 

 

This time around, Archer and Cooney collectively purchased $20 million worth of bonds from the Wakpamni – with Archer doing so through his real estate company, Rosemont Seneca Bohai LLC (“RSB”) – using proceeds from the first offering that had been diverted to the WAPC account. After buying the bonds, Archer and Cooney used them to satisfy the net capital requirements of two other Archer-controlled companies, without disclosing that the bonds were purchased with the proceeds of an earlier bond issuance. The Financial Industry Regulatory Authority (“FINRA”) would later condemn Archer’s use of the bonds in this way because the Wakpamni bonds had “no active market.” Tr. 2097.

 
In April 2015, the Wakpamni issued their third and final set of bonds for $16 million. As with the first bond offering, Burnham Securities was selected as the supposed placement agent for the bonds. At around that same time, Archer and Cooney acquired a second investment adviser company, Atlantic Asset Management (“Atlantic”), which (like Hughes) was led by Morton. Ultimately, Morton and Atlantic arranged for the purchase of the entire $16 million in bonds by a single client of Atlantic, the Omaha School Employees Retirement System (“OSERS”). As with the first bond offering, Morton did not seek or receive approval from OSERS for the transaction, which did not align with its investment goals, nor did she inform OSERS of the inherent conflicts of interest that permeated the transaction.
 
Once again, instead of being used to purchase an annuity for the Wakpamni, as John Galanis had promised, the proceeds from the third bond issuance were diverted to the WAPC account, where they were used by various conspirators for their own personal benefit and interests. Some, like Jason Galanis and his father, used the bond proceeds to purchase “jewelry and luxury cars,” Tr. 58, and a new condo in New York City; others, like Archer and Cooney, used the bonds and the proceeds “to further their [own] schemes,” Tr. 59, which included building “a big financial services company” that Archer was to control, Tr. 59–60.
 
In the fall of 2015, the Wakpamni scheme began to unravel when the first set of interest payments on the Wakpamni bonds became due. In September 2015, Archer transferred $250,000 from one of his companies to the WAPC account, which was then used to help pay the interest on the bonds from the first offering. Soon thereafter, Galanis was arrested on unrelated charges. In October 2015, some of the conspirators created a new entity named Calvert Capital (“Calvert”) to cover up the scheme. As part of this effort, they fabricated backdated documents suggesting that WAPC invested in Calvert and that Calvert lent Cooney and Archer the $20 million to purchase the bonds from the second offering.
 
In the end, the Wakpamni were left with $60 million in debt, and the fund investors lost over $40 million.
 
 

Our most recent post on the Wakpamni Lake Community Corp. fraud is here.

NYTs: “Alarmed by Scope of Wildfires, Officials Turn to Native Americans for Help”

Matthew L.M. Fletcher

Here.

Latest Trends in Tribal Self-Governance Virtual Conference

Monica Williamson

Latest Trends in Tribal Self-Governance

October 14-15, 2020

1:45 p.m. – 4:00 p.m. Pacific time

ASU ILP’s Indian Gaming and Tribal Self-Governance Programs are offering the first annual conference focused on Tribal Self-Governance.

Featured Speakers:

  • Robert Miguel, Chairman, Ak-Chin Community
  • Charles Grim, Secretary of Health, Chickasaw Nation
  • Lynn Malerba, Chief, Mohegan Tribe

Topics:

  • Overcoming Covid Obstacles Through Self-Governance
  • Working with Interior to Effectuate Self-Governance
  • Lessons Learned in Transitioning to Self-Governance and Expanding the Delivery of Programs
  • Working with Health and Human Services to Effectuate Self-Goverance

Register at: https://asu.zoom.us/webinar/register/4716002074362/WN_eJF-MH6rS_eSbze1BGghfw

Join us for this free webinar. The Arizona Bar does not approve CLE. However, this activity may qualify for up to 4 credit hours.

If you have questions, please contact Theresa.Beaulieu@asu.edu