Turtle Talk

Friday Job Announcements

November 8, 2019Monica Williamson

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:

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.

Please send all job announcements in this requested format.

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.

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.

Associate Justice, Supreme Court of the Navajo Nation, Window Rock, AZ. This position shall perform work of unusual difficulty, hear arguments, read briefs and conduct research necessary to pass judgment and issue rulings on cases brought before the Navajo Nation Supreme Court. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.

Office of the Solicitor

Attorney-Advisor, Albuquerque, NM Main duty is advising the Bureau of Indian Affairs. Closing date of the application is November 15, 2019. Apply here and see the job description for more information.

Pokegnek Bodewadmik (Pokagon Band of Potawatomi)

Executive Director, New Buffalo, MI. Responsible for the day-to-day operations of the Gaming Commission under the supervision of the Commission and provides administrative support to the Gaming Commission. Position will be filled by 1/1/20. Please see the job description for more information.

Earthjustice

Legislative Assistant, Washington, D.C. Reports to the V.P. of Policy and Legislation and provides administrative and legislative support to Policy and Legislation Lands, Wildlife & Oceans and Access to Justice Teams, and assists in the implementation of legislative and administrative strategies on environmental issue priorities for Earthjustice. For more information please see the job description.

Litigation Assistants, Washington, D.C. The Litigation Assistant provides administrative and litigation support services for nine active Clean Energy Program attorneys practicing in state and federal courts, in public service commissions, and in various administrative forums. This application has a rolling deadline. You can apply here or see the job description for more information.

Kadiak LLC

Tribal Courts Project Manager, BIA Tribal Courts, Anchorage, AK. The PM manages and coordinates all work, activities, issues, and other contractual obligations relating to this contract and will interface with the Government Contracting Officer (CO), the Contracting Officer’s Representative (COR) and any Task Managers. Please see the job description for more information and visit the link to apply.

Association of Village Council Presidents

Chief Administrative Officer, Bethel, AK. The Chief Administrative Officer (CAO) is responsible for all administrative operations, including fiscal functions. The CAO will also be responsible for large project implementation and will be a part of the management leadership team. See job announcement for more details. The Association of Village Council President is one of the Nation’s largest tribal consortiums with a service area the size of Washington State. See the position description for more information.

Kickapoo Traditional Tribe of Texas

Staff Attorney, Work with Native American individuals, families, organizations and Tribal governments in all areas of Federal Indian Law, including but not limited to, advising on issues involving jurisdiction, estate planning, trust assets, tribal governance, employment, and the Indian Child Welfare Act. May represent clients in court or before quasi-judicial or administrative agencies of government. Fill out an application at: kickapootexas.org. If you have any questions please call 830-773-2105.

The Menominee Indian Tribe of Wisconsin

Tribal Prosecutor, Keshena, WI. Under the general direction of the Tribal Chairman, the purpose of the position it to interview witnesses and prepare them for trials, continuing ongoing investigations, preparing criminal cases for trial, presenting criminal cases in trials, rendering legal advice and assistance to local law enforcement officials, and litigating cases before Tribal Court. Closing Date: 11/12/2019 at 11:59 p.m. Interested applicants may apply online and see the job description for more information.

Tolowa Dee-Ni’ Nation

RFQ, Associate Judge, Appellate Judge or Chief Judge. Soliciting letters of interest and qualifications. Any questions regarding this solicitation can be directed to elsie.petrie@tolowa.com. Closing Date November 18,2019. Please see the RFQ for more information.

Swinomish Indian Tribal Community

Tribal Advocate (Public Defender), La Conner, WA. The Tribal Advocate is a solo practitioner and represents indigent defendants in Swinomish Tribal Court. Swinomish public defense aspires to restorative justice for each criminal defendant and pursues a better way of realizing public safety and community wholeness. Client-centered representation shall include representation for appellate, post-conviction, and probation matters associated with a criminal case. This application is open until filled. Please see the position description for more information.

Pueblo of Laguna

Public Defender, Dept: Pueblo Court, Laguna, NM. Application is open until filled. Please visit the Pueblo of Laguna website for more information and application instructions at www.lagunapueblo-nsn.gov or you can contact the Human Resources office at (505) 552-6654.

The 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 direction and oversight of the In-House General Counsel. This is an exempt position. For more information please see the description.

Student Opportunities

National Sea Grant Law Center

Intern, Oxford, Mississippi. This position seeks to provide a law student from a diverse background an opportunity to work in the field of ocean, coastal, and Great Lakes law, with an emphasis on issues facing underrepresented or indigenous communities. This summer, the intern will work on a project related to the Pamunkey Indian Tribe in Virginia. The closing date is January 15, 2020.

The National Association of Criminal Defense Lawyers (NACDL)

2020 Diversity Summer Law Fellowship. The goal of the 8-week program is to pair law students from historically underrepresented backgrounds with top criminal defense practitioners around the country. More information, including a list of criminal defense practitioners who will be hosting diversity fellows in 2020, and a fellowship application form and instructions, is available here.

See posts from November 1, 2019.

Michigan Journal of Law Reform 2019-2020 Symposium — “Dispossessing Detroit: How the Law Takes Property”

November 8, 2019November 8, 2019Matthew L.M. Fletcher

Here:

Law Reform Symposium

WHEN: Saturday, November 9, 8 AM – 5 PM

WHERE: Hutchins Hall (various locations)

WHAT: The goals of this Symposium are to provide historical and political context for current issues of property dispossession and to consider how governments, private industry, and private citizens can together seek reform. We are excited to bring together voices from law, policy, city government, community organizations, and more to engage the audience on this critical topic! Whether your interests are in tax foreclosure, bankruptcy, or Detroit’s story of dispossession, we hope you will join us.

RSVP: https://dispossessingdetroitsymposium.com/rsvp-comment/

Continue reading →

Second Circuit Rules Against King Mountain Tobacco in Tax Case

November 8, 2019Matthew L.M. Fletcher

Here is the opinion in State of New York v. Mountain Tobacco Co. d/b/a King Mountain Tobacco Company, Inc.

Briefs here.

Fifth Circuit Grants En Banc Review of Brackeen v. Bernhardt [ICWA]

November 7, 2019ilpc

Here

Tribal Intervenor Statement here:

FOR IMMEDIATE RELEASE

November 7, 2019

Contact: Tania Mercado tmercado@skdknick.com

Native American Tribes Continue to Stand with Indian Children and Families Following Court Decision to Rehear Fifth Circuit Case

WASHINGTON, D.C. – Today, Cherokee Nation Principal Chief Chuck Hoskin, Jr., Morongo Band of Mission Indians Chairman Robert Martin, Oneida Nation Chairman Tehassi Hill and Quinault Indian Nation President Fawn Sharp issued the following statement in response to the Fifth Circuit Court of Appeals decision to rehear a challenge to the Indian Child Welfare Act en banc:

“We never want to go back to the days when Indian children were ripped away from their families and stripped of their heritage. We continue to believe that the Fifth Circuit decision affirming the constitutionality of ICWA was the right decision. While it is unfortunate that the attacks on this critical law continue, we are confident that the court will once again uphold the constitutionality of ICWA, as courts have repeatedly done over the past 40 years. ICWA provides a process for determining the best interests of Indian children in the adoption and foster care systems, which is why it is overwhelmingly supported across the political spectrum. We remain devoted in our efforts to defend ICWA because our number one priority remains fighting for the wellbeing, health and safety of children and families.”

In 2017, individual plaintiffs Chad and Jennifer Brackeen, a couple from Texas, along with the state attorneys general in Texas, Louisiana, and Indiana, sued the U.S. Department of the Interior and its now-former Secretary Ryan Zinke to challenge ICWA. The Morongo, Quinault, Oneida and Cherokee tribes intervened as defendants in the case Brackeen v. Bernhardt.

In October 2018, a federal judge in the Northern District of Texas struck down much of ICWA. Defendants appealed the lower court’s decision and asked the Fifth Circuit Court of Appeals to reverse the decision. Last December, the Fifth Circuit Court of Appeals granted a stay requested by the defendants, putting a hold on the ruling. In March 2019, the Fifth Circuit Court of Appeals heard oral arguments from plaintiffs and defendants in the Brackeen case.

On August 9, 2019, the Fifth Circuit Court of Appeals reaffirmed that the Indian Child Welfare Act is constitutional and serves the best interests of children and families. On October 1, 2019, plaintiffs in Brackeen v. Bernhardt chose to continue their attacks on Indian children and tribal families and requested an en banc rehearing before the Fifth Circuit.

There is broad, bipartisan support against this misguided attack on a law that is crucial for protecting the well-being of Indian children and Indian sovereignty. A total of 21 attorneys general, representing a broad range of states, filed an amicus brief in support of the defendants, arguing that ICWA is an appropriate exercise of Congress’s authority to legislate in the field of Indian affairs and does not violate the Tenth Amendment or equal protection laws. The Trump administration has also reiterated its support for ICWA, tribal sovereignty and the safety of Indian children.

An additional 325 tribes, 57 tribal organizations, members of Congress, Indian law and constitutional law scholars, and 30 leading child welfare organizations have also filed friend-of-the-court briefs in support of the defendants.

For additional information on this case and the Indian Child Welfare Act please visit: http://www.ProtectIndianKids.com.

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NNALSA Problem Release

November 7, 2019November 7, 2019Monica Williamson

“The National Native American Law Student Association (NNALSA) has established a long-running, respected national moot court competition. This year the 28th Annual NNALSA Moot Court is hosted by the Berkeley NALSA and will take place on February 21-23rd, 2020 in Berkeley, California. The competition is now active with the release of the moot court problem and the opening of team registration.”

Press release here.

OSHA Petition for Review of Decision re: Red Lake Nation Fisheries [Eighth Circuit]

November 7, 2019December 4, 2020Matthew L.M. Fletcher

Here is the petition:

OSHA Petition + ALJ Decision

Here are the briefs:

National Indian Law Library Bulletin (11/6/2019)

November 6, 2019Matthew L.M. Fletcher

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/index.html

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Drake v. Salt River Pima-Maricopa Indian Community (Sovereign Immunity)

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

H.R.4957 – To amend the Indian Child Protection and Family Violence Prevention Act.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html

America’s quiet legacy of Native American voter disenfranchisement: Prospects for change in North Dakota after Brakebill v. Jaeger.

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

Native American leaders say Keystone spill highlights the need to oppose Dakota Access Expansion, Keystone XL
An Inuit approach to cancer care promotes self-determination and reconciliation
Uprooted: The 1950’s plan to erase Indian Country
House OKs permanent ban on mining 1 million acres around Grand Canyon
Snoqualmie Tribe buys ancestral Snoqualmie Falls from Muckleshoot for $125 million
Nevada tribes slam state for scrubbing native history document from web
Indian student count finally being updated for the modern era

Article on Pipeline to Law Initiative

November 6, 2019Neoshia Roemer

Berkeley Law’s Transcript Magazine published a write up on this past summer’s Pipeline to Law Initiative for Native American Students. Check it out here.