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
    • 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.

Michigan Women’s Commission

Internship, Lansing, MI. The Michigan Women’s Commission is a 15-member, Governor-appointed commission that focuses attention on critical issues facing women across our state. The Commission has two full-time staff members: an Executive Director and a Chief Strategy Officer. Together, the staff and Commissioners work on projects from legislative proposals to executive policy recommendations to public education campaigns and more. Given our current Governor’s interest in addressing inequity and promoting opportunity, we have more than a few new projects ahead of us! Due to both the Commission’s and the State of Michigan’s current budget constraints, we are looking to host interns who are working for academic credits or who receive scholarship/fellowship dollars from other sources to compensate their time. Intern projects can be tailored to meet specific academic requirements, as well as individual student research and skill-building interests. Interested applicants should send a resume and a cover letter detailing their interests Shannon Garrett, MWC Chief Strategy Officer, at garretts5@michigan.gov by 9:00am on Tuesday, May 26. Virtual interviews will be held on May 27 and 28.

Navajo Nation Department of Justice

RFP, Window Rock, Navajo Nation (AZ). Under the direction of the Navajo Nation Attorney General or her designee, the Attorneys, as independent contractors, will provide legal services to the Navajo Nation Office of the Attorney General in connection with Special Investigation and related litigation matters involving the legal interests of the Navajo Nation. Proposals are due Monday, June 8, 2020 at 5 p.m. MDT. For more information please see the request. 

The Confederated Tribes of the Umatilla Indian Reservation (CTUIR)

RFP, Will Estate Attorney Services. Seeks proposals that would provide Will and Estate Planning legal services (Program) directly to CTUIR members (Client).  The Program is a pass-through contract administered by the CTUIR Office of Legal Counsel. Services include individual Client meetings, advising and drafting estate planning for trust land and other property they may own, accessing or coordinating with federal and tribal agencies related to the completion of the will drafting, and causing the documents to be filed with the CTUIR Enrollment Office. For more information please see the position description and click here.

Shingle Springs Band of Miwok Indians

Associate Judge, Shingle Springs, CA. The Tribal Associate Judge is to perform all the duties of the Chief Judge when the Chief Judge is unavailable, on vacation, or otherwise unable to perform the duties of their office. At times, the Tribal Associate Judge will be called in to handle appellate proceedings which are filed. The Tribal Associate Judge is an independent contractor position, hired on an as needed basis only, with no guaranteed assignments in any given period of time. Letters of Interest and Resumes are due by June 15, 2020. Please see the description for more information.

University of Toronto

Dean of Law, Toronto, ON. Seeking an accomplished and visionary scholar, educator, communicator, and leader, with a history of exemplary administration that reflects a commitment to excellence, equity, and diversity; a capacity to build and lead collaborative and inclusive teams; the ability to initiate and lead change in legal education and preparation for professional practice; and a record of impactful relationships with a range of internal and external partners. The Search Committee will begin considering potential candidates immediately and will continue until the role is successfully filled. For more information please see the description. 

Jacobson Law Group

Associate Attorney, Saint Paul, MN. Writing and research on a broad range of transactional and litigation matters; Discovery, motion practice, and trial work in tribal, federal, or state courts; Drafting legislation, ordinances, and/or regulations for tribal or other governments. Applications must be received by June 26, 2020 at 5:00 p.m. central time. Please send a cover letter, resume, and writing sample to Joseph Halloran at jhalloran@thejacobsonlawgroup.com. For more information please see the position description.

Hufford, Horstman, Mongini, Parnell & Tucker, P.C.

Attorney, Flagstaff, AZ. Provide general representation to public school districts, tribally-controlled grant schools, and charter schools. Applicants must be admitted to the Arizona Bar or capable of admission within six months, and admission to the Navajo Nation Bar Association is preferred. Recruitment will continue until the position is filled. Please see the job announcement for more information and application instructions.

Hobbs, Straus, Dean & Walker, LLP

Legislative Analyst, Washington, D.C. Hobbs, Straus, Dean & Walker, LLP, a national law firm dedicated to promoting and defending the interests of Indian tribal governments and organizations, seeks a non-attorney Legislative Analyst to work in its Washington, DC office.  This position is open until filled.  Please see the position description for more information and how to apply.

 

See posts from May 15, 2020.

 

 

Tribes and Voting Rights Group Notify South Dakota of Serious Voter Registration Violations

On May 20, 2020, the Rosebud Sioux Tribe, the Oglala Sioux Tribe, and Four Directions, a non-profit group that works to encourage civic participation in Indian Country, notified South Dakota officials of serious and ongoing violations of federal requirements for providing voter registration opportunities through public assistance agencies and departments of motor vehicles. The notice letter, directed to the Secretary of State as the state’s chief elections official, asks state officials to respond within 20 days to avoid the need for federal court litigation. In this matter, the Tribes are represented by the Native American Rights Fund (NARF) and Four Directions is represented by Demos.

Under the National Voter Registration Act (NVRA), state public assistance agencies and motor vehicle offices are required to provide voter registration services when people are applying for services, renewing their eligibility, and providing change-of-address information. The notice letter documents a steep drop in voter registration applications from public assistance agencies in recent years, and other clear evidence of non-compliance with the NVRA.

“When you go to a state office, such as to get your driver’s license or to apply for public assistance, you are supposed to be able to register to vote at the same time. The state is supposed to facilitate voter registration, but that is not what is happening in South Dakota. Reservation residents in particular are not being given this opportunity, and it is driving down voter participation,” said NARF Staff Attorney Natalie Landreth.

Brenda Wright, Senior Advisor for Legal Strategies at Demos, representing Four Directions, stated: “Access to voter registration through government agencies is more important now than ever, given the difficulties of conducting traditional door-to-door registration drives. Demos has worked in many states to improve agency-based voter registration, and we hope that South Dakota officials will also work with us to ensure that South Dakotans can participate fully in the upcoming elections.”

O.J. Semans, Jr., speaking on behalf of Four Directions, stated, “My wife Barb and I are deeply concerned that Native Americans are losing the opportunity to register through South Dakota’s public assistance agencies and when getting a driver’s license. We’ve worked with the former Secretary of State, the Help America Vote Act task force and the election board in the past on developing formulas to create satellite offices on Indian Reservations. It is our hope that the state of South Dakota will once again work with us to ensure full participation in the 2020 Elections and beyond.”

The violations described in the letter include:

  • Failure to provide voter registration applications to persons during all public benefits transactions required by the NVRA
  • Failure to update applicants’ voter registration address when they report a change of address to public benefits agencies
  • Failure to provide voter registration services to persons who lack either a social security number or driver’s license

Under the NVRA, the Native American groups named in the notice letter may initiate litigation in federal court as soon as 20 days after the notice letter, if state officials do not remedy the violations during that time frame. The notice letter urges the state officials to indicate whether they are willing to engage in compliance discussions before the 20-day period expires.

Project to Implement the United Nations Declaration on the Rights of Indigenous Peoples in the United States

From CU and NARF:

The University of Colorado American Indian Law Program and Native American Rights Fund have teamed up on a Project to Implement the UN Declaration on the Rights of Indigenous Peoples in the United States. Visit our new website (https://un-declaration.narf.org/) for informational materials and upcoming interactive sessions to advance human rights in Indian Country. Among other things, the site features our 2020 Project Report and material on the applicability of the Declaration in various subject matters, with new information being added on a daily basis. This summer we will work with Professor Angela R. Riley’s Native Nations Law and Policy Center at UCLA School of Law to develop a Tribal Implementation Toolkit, and hope to collaborate with other institutions going forward! We’d love to hear from you.

Another Update on South Dakota Road Closure Controversy

From Above the Law, “South Dakota Governor Demands White House, DOJ, Interior, And Congress Crack Down On Reservation’s COVID Roadblocks.”

Letter is here.

Cert Petition in Oklahoma Gaming Machines Tax Case

Here is the petition in Rogers County Board of Tax Roll Corrections v. Video Gaming Technologies, Inc.:

20200514142407520_Petition for Writ of Certiorari

20200514142428474_Appendix for Petition for Writ of Certiorari

Question presented:

Whether a generally applicable state ad valorem tax, as assessed against personal property owned by a non-Indian, out-of-state corporate entity and leased to a tribe for use in its casino operations, is preempted by the Indian Gaming Regulatory Act and the Court’s “particularized inquiry” balancing test, see White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980), where the tax does not infringe on any federal regulatory purpose contained in the IGRA, the tax does not interfere with any tribal sovereignty interests, and the tax supports relevant and important government interests, such as law enforcement, schools and health services.

Lower court decision here.

UPDATE:

Tulsa County Assessor Amicus Brief

Cert Opp Brief

National Indian Law Library Bulletin (5/20/2020)

Here:

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/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html
Chee v. Mescalero Apache Tribal Court (Writ of Habeas Corpus)
Magee v. Shoshone Paiute Tribes of the Duck Valley Reservation (Sovereign Immunity)
Stephen C. v. Bureau of Indian Education (Indian Education)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
Robbins v. Mason County Title Insurance Company (Treaty Rights)

U.S. Legislation – 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html

  • S.3754 – A bill to amend the Omnibus Public Land Management Act of 2009 to make a technical correction to the water rights settlement for the Shoshone-Paiute Tribes of the Duck Valley Reservation, and for other purposes.
  • S.3742/H.R.6907 – A bill to establish a program in the Department of the Treasury to allocate funds to States, units of general local government, and Indian Tribes to provide assistance to certain small businesses, and for other purposes.
  • H.R.6836 – To amend the CARES Act to provide for payments to the Indian Health Service, Indian Tribes, Tribal organizations, and urban Indian organizations from the Public Health and Social Services Emergency Fund, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2020.html

  • Jurisdictionary transparency and Native American women.
  • Uncivil rights: The abuse of tribal sovereignty and the termination of American Indian tribal citizenship.

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

  • Native Women Lead, Nusenda funnel funding to indigenous businesses, families
  • Native Sun News Today: Checkpoints on reservations point of discussion
  • Harvard Project/Native Nations Institute Report on CARES Act Distribution
  • Burt Lake Band prevails in federal court; can appeal BIA denial
  • UCLA Preliminary Report on Census 2020 and 2010 Response Rates on American Indian Reservations
  • Mashpee Wampanoag Tribe returns to court
  • Native American farm working to keep community fed during pandemic
  • Healthcare. Housing. Infrastructure. Indian Country’s ‘status quo is in a bad spot’
  • A sustainable Arctic has to include Indigenous groups
  • KU Law partners with UN to train diplomats on indigenous issues, conflict resolution
  • Bison bring spiritual revitalization to Sioux, Assiniboine

Federal Court Allows Gila River Indian Community Effort to Enforce Gila River Water Rights to Proceed

Here are the materials so far in Gila River Indian Community v. Cranford (D. Ariz.):

1 Complaint

14 Motion to Dismiss

15 Response

16 Reply

20 Defendants Supp Brief

21 GRIC Supp Brief

22 DCT Order

Leah Litman on Interruptions of Women Justices in SCOTUS Oral Arguments by Phone

Really interesting chart about how often the Chief Justice interrupted RBG, Sotomayor, and Kagan that has a LOT of instances from the McGirt argument.

Here is “Muted Justice” on SSRN.

Final AFCARS Rule (2020 Version)

2020-09817-Final Rule

Here is the new final AFCARS (Adoption and Foster Care Analysis and Reporting System) rule with virtually none of the elements we asked for or worked on for the past five years with an added dollop of condescension in the response to comments.