Arizona Court Holds Indian Tribes May Be Beneficiaries of Criminal Restitution Award

Here is the opinion in State v. Leal (Ariz. Ct. App.):

state-v-leal.pdf

An excerpt:

Defendant Carlos Leal appeals a restitution order requiring him to pay $5,500 in funeral expenses for a man he shot and killed in a bar. Leal does not challenge his murder conviction or resulting prison sentence. He does not argue the funeral expenses were unreasonable or unpaid. Instead, because the restitution award went to the Quechan Indian Tribe, rather than to a member of the victim’s family, Leal argues the order was fundamental error. Because Leal has shown no error, the restitution order is affirmed.

American Indian Law Journal: Call for Submissions to Spring 2020 Issue

AILJ

The American Indian Law Journal, published by the Seattle University School of Law, serves as a vital online resource providing high quality articles on issues relevant to Indian law practitioners and scholars across the country. The American Indian Law Journal accepts articles and abstracts on Indian Law for consideration from students, practitioners, tribal members, and law school faculty members.

The American Indian Law Journal is currently
accepting submissions for potential publication
in the spring 2020 issue.

Submission Deadline:

Spring issue January 5, 2020

Article submissions are accepted through Scholastica, BePress, and AILJ@seattleu.edu. The editing process for publication begins soon after these deadlines for each respective issue. The American Indian Law Journal respectfully requests that authors please use footnotes rather than endnotes. All footnotes must conform to the 20th edition of The Bluebook.

For more information or to submit an article, please contact Phoebe Millsap, Content Editor, millsapp@seattleu.edu.

Pima County to Consider an ICWA Court

Here.

Bridge Magazine: “Michigan DNR said it killed wolves to protect humans. Then we got its emails.”

Here.

Federal Court Materials in Ute Banishment Case

Here are the materials so far in Chegup v. Ute Indian Tribal Court of the Uintah and Ouray Reservation (D. Utah):

2-complaint.pdf

20-motion-for-immediate-release.pdf

46-tribe-motion-to-dismiss.pdf

47-response-to-mtd.pdf

53-reply-in-support-of-motion-for-release.pdf

54-reply-in-support-of-mtd.pdf

73-motion-for-atty-fees.pdf

77-response-to-motion-for-atty-fees.pdf

79-reply-in-support-of-motion-for-atty-fees.pdf

82-motion-to-intervene.pdf

83-dct-order-denying-intervention.pdf

Suquamish Tribe Prevails against Kitsap County over Zoning Matter

Here is the opinion in Suquamish Tribe v. Kitsap County (Growth Management Hearings Board).

News coverage here.

Materials in Confederated Salish and Kootenai Tribes v. Lake County Board of Commissioners [Trespass on Indian Land]

Here are the materials so far in Confederated Salish and Kootenai Tribes v. Lake County Board of Commissioners (D. Mont.):

1 Complaint

5 CSKT Motion for PI

20 County Counter-Motion for PI

28 CSKT Withdrawal of 5

29 CSKT Response

33 CSKT MTD Counterclaims

39 Amended Counterclaim

40 Board Response

41 Lundeen Response

42 CSKT Reply

52 CSKT MTD Amended Counterclaim

56 County Response

59 Reply

60 Amended Complaint

60-1 Plat

73 CSKT Motion for Summary J

74 DCT Order Dismissing Counterclaims

Pre-Law Advisors Training Conference February 4-5, 2020

SavetheDate-PLA_Workshop2020_social_media_final

Registration is free and ends on January 24, 2020. More information here.

Friday Job Announcements

Any posts for an open Indian law or leadership job received prior to 12pm EST on Friday will appear in that week’s announcement, when the following information is sent 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.

Please send all job announcements in this requested format.

Oglala Sioux Tribe

In-House Associate Counsel, Pine Ridge, SD. Work for the Oglala Sioux Tribe Council, the Executive Committee and with the Health and Human Services and Education Standing Committees. Counsel must attend weekly meetings with Committees and attend Tribal Council meetings as assigned. Please see the position description for more information.

Morongo Band of Mission Indians

Tribal Attorney, Banning, CA. Provide legal counsel on a range of issues as well as representation in tribal and state court regarding matters affecting the Morongo Tribal Government and its various departments, subject to the direct and oversight of the In-House General Counsel. Closing Date: Posted Until Filled. Apply here and see the job description for more information.

Confederated Tribes of the Colville Reservation; Nespelem Washington 99155

Chief Judge, 1 position J-2147 Colville Tribal Court.  Full Benefits Package.  This position is open till filled with weekly reviews.

Senior Staff Attorney, 2 positions. J-8937: Colville Confederated Tribes, Nespelem WA.  Will provide complex legal services to handle significant legal matters for the Office of Reservation Attorneys. Renewable 3 yr. contract position with a full benefits package, Salary will be negotiated. This position is open till filled with weekly reviews.

Deputy Prosecutor, J-8821; Colville Tribal Court representing Criminal, MINOC, Range Impoundment, Natural Resources Enforcement and civil infraction hearings, Wellness court, and appellate cases before the Colville Tribal Court of Appeals. Renewable 3 yr. contract position with a full benefits package.  This position is open till filled with weekly reviews.

Managing Public Defender,  J-8791; Colville Tribal Court and Court of Appeals, representing Tribal Members in criminal matters.  Renewable 3 yr. contract position with a full benefits package.  This position is open till filled with weekly reviews.

Staff Attorney, J-8668; Colville Confederated Tribes Legal Office providing legal services to Tribal Members.  Renewable 3 yr. contract position with a full benefits package.  This position is open till filled with weekly reviews.

Please visit and apply at colvilletribes.com or you can contact judy.zunie@colvilletribes.com

New Mexico Center on Law and Poverty

Senior Education Attorney, Albuquerque, NM. work with educational leaders throughout New Mexico on major policy reforms and to bring the state into compliance with the landmark Yazzie/Martinez court decision. Application open until filled. Please see the description for more information.

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

Attorney, Flagstaff, Arizona. 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.

Swinomish Indian Tribal Community

Tribal Special Assistant United States Attorney, La Conner, WA and Seattle, WA. Assigned to the Western District of Washington and the FBI Northwestern Washington Safe Trails Task Force, of which the following Tribes are members: Lummi Nation, Nooksack Indian Tribe, Upper Skagit Indian Tribe, Sauk-Suiattle Tribe, Swinomish Indian Tribal Community, and the Tulalip Tribes (the Tribes). Address violent crime, specifically precipitous increases in violent or other serious crimes. Closing Date: December 13, 2019. Applications can be downloaded from swinomish-nsn.gov or requested via email: emiller@swinomish.nsn.us. Please see the job description for more information.

Pokégnek Bodéwadmik (Pokagon Band of Potawatomi)

Chief Financial Officer, New Buffalo, MI. Provide timely, accurate, insightful financial analysis to the Pokagon Gaming Authority (PGA), including informed analytics for proper accounting and reporting.Application is open until filled. Please apply here and see the job description for more information.

Galanda Broadman PLLC

Litigation Associate, Seattle, WA. The firm seeks an associate who is deeply committed to representing Indian interests, who is state bar licensed, preferably in Washington State, and who has at least two to five years of experience in civil litigation or serving as a judicial clerk.

Navajo Nation Legislative Branch

Staff Attorney, Window Rock, AZ. Office of Legislative Counsel. Seeks two (2) attorneys to fill. The position provides legal advice and legal representative to entities of the Legislative Branch, the Navajo Nation Council, its Standing Committees, Boards and Commissions involving various areas of law. Knowledge of legal principles as well as Indian law, Navajo Nation laws, Navajo Nation Government and legislative processes in general required. For more information, please see the position description or apply, visit http://www.dpm.navajo-nsn.gov. Applications are open until filled.

Principal Attorney, Window Rock, AZ. Office of Legislative Counsel. Under the general direction of the Chief Legislative Counsel, supervise and work with other attorneys of the Office. Provide legal advice and legal representation to entities of the Legislative Branch, Navajo Nation Council, its Standing Committees, Boards and Commissions involving various areas of law. For more information, please see the position description or apply, visit http://www.dpm.navajo-nsn.gov. Applications are open until filled.

Navajo Nation Department of Justice

Attorney, Window Rock, AZ Under general direction of Assistant Attorney General for the Litigation Unit, the Attorney General, and Deputy Attorney General, advises and represents the Navajo Nation Government in all areas of civil law before Navajo Nation, federal, and state courts and administrative tribunals, with a specific emphasis on labor and employment law.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Principal Attorney, Under general direction of the Assistant Attorney General or the Attorney General and Deputy Attorney General, provides professional legal work and advice to the Navajo Nation Office of the Controller (OOC), Office of Management & Budget (OMB), Office of the Navajo Tax Commission (ONTC), Department of Retirement Services (NDRS), Budget and Finance Committee (BFC), and Investment Committee (IC), and, as required, to the Navajo Nation Council, Oversight Committees, the Executive, Legislative and Judicial Branches, and Chapters regarding a wide range of legal issues.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Attorney, Under general direction of Assistant Attorney General or the Attorney General, and Deputy Attorney General, provides legal direction to Navajo Nation Division, Departments and Offices, regarding a wide range of legal issues, including statutory and regulatory authority, contract disputes and procurement issues; and intergovernmental relations; performs professional legal work in research, trial prep and other legal work; and performs related duties as required.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Attorney, Under general direction of Assistant Attorney General or the Attorney General, and Deputy Attorney General, provides legal direction to Navajo Nation Division of economic/Community Development Chapters and Navajo Nation Gaming Regulatory Office regarding a wide range of legal issues, including statutory and regulatory compliance, contract disputes and procurement issues, and intergovernmental relations; performs professional legal work in counseling, research, trial and other legal work; present case in courts; and performs related duties as required.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Office of the Prosecutor:

Attorney, Under supervision of the Chief Prosecutor/Deputy Chief Prosecutor represents the interest of the Navajo Nation government. Provides and assists several district prosecutor offices in prosecution of criminal and civil cases representing the interests of the Navajo Nation government.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Water Rights Unit:

Assistant Attorney General, The Assistant Attorney General (AAG) for the Water Rights Unit is the lead water rights attorney for the Navajo Nation, representing the Nation in multiple water rights adjudications pending in state and federal courts, in state administrative water rights matters and in any settlement negotiations concerning the Nation’s water rights. The AAG directs and supervised the work of all attorneys within the Unit and contract attorneys representing the Navajo Nation on water rights matters.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Student Opportunities

Little River Band of Ottawa Indians

Legal Intern, Manistee, MI. The Intern will assist the ULD in its role as in-house legal counsel to the Little River Band of Ottawa Indians that provides legal services and representation to the Tribal Government and its Enterprises, including Elected Officials, Departments, Commissions, and the Little River Casino Resort. Applications will be reviewed on a revolving basis beginning December 1, 2019 until the position is filled. Application instructions here and please see the position description for more information.

ACLU Montana

Summer 2020 Indigenous Justice Legal Intern, Missoula, MT. Indigenous Justice Legal Interns will have the opportunity to work alongside the attorneys on a variety of litigation matters directly addressing Indigenous rights issues in the state of Montana, with potential opportunities to also assist with our work on other civil liberties issues. Accepting applications on a rolling basis beginning December 1.

Summer 2020 General Legal Intern, Missoula, MT. Interns will have the opportunity to gain valuable experience by working alongside the Legal Department’s attorneys on the following: Conduct legal research; Drafting memoranda, FOIA requests, complaints, and other legal documents; Researching prospects for new litigation; Researching and drafting materials. Accepting applications on a rolling basis beginning December 1.

 

See posts from November 15, 2019.

New VAWA Bill Introduced in the Senate

On Wednesday, Senator Joni Ernst (R-Iowa) introduced a version of the Violence against Women Act bill that she sponsored. The new VAWA bill attempts to significantly erode tribal sovereignty in the name of “defending civil rights” by eliminating the exhaustion of tribal remedies, forcing an over-broad application of the U.S. Constitution in tribal courts, and providing a cause of action for defendants to sue tribes for civil rights violations.

This excerpt from the recent FMC Corp. v.  Shoshone-Bannock Tribes, — F.3d —-, 2019 WL 6042469 *22 (9th Cir. 2019), encompasses exactly why this bill is misguided in its attempts to abrogate tribal sovereignty:

“Making good on these due process guarantees, nearly five decades of tribal cases applying ICRA show that tribal courts protect the rights of both member and nonmember litigants in much the same way as do federal and state courts.” Norton, 862 F.3d at 1250. “[T]ribal courts often provide litigants with due process that ‘exceed[s] the protections offered by state and federal courts.’” Id. (second alteration in original) (citing Matthew L.M. Fletcher, American Indian Tribal Law 325 (2011))…[o]ur own experience in reviewing tribal court decisions is consistent with the findings of these studies. Tribal courts, like all courts (including our own), make mistakes. But, contrary to the contention of FMC, tribal courts do not treat nonmembers unfairly.

A copy of the bill is here.

The HuffPost ran an article on how this proposed VAWA legislation harms tribes on Thursday, November 21, 2019. That article is here.