Friday Job Announcements

Please read our recent post about the requirements for Turtle Talk Friday Job Announcements. Thank you!

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, and closing date;
  2. 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.

Confederated Tribes of the Umatilla Indian Reservation

Tribal Legal Aid Attorney, Pendleton, O.R. CTUIR is looking for an Tribal Legal Aid Attorney. The Intimate Partner Violence Survivors (IPVS) Attorney will serve women suffering from or at risk for any of the following: domestic violence, dating violence, sexual assault, stalking or trafficking. The IPVS Attorney will advise and ifnecessary represent eligible clients as they-exercise their legal rights to be free from and protected against perpetrators of Domestic Violence (DV). The IPVS Attomey will also develop programmatic materials as needed prioritizing legal materials and resources, and enhance existing legal services to eligible clients. For more information, including application deadline, please visit the announcement.

Passamaquoddy Tribe

Prosecuting Attorney, Perry, M.E. The Passamaquoddy Tribal Court at Pleasant Point is seeking applications to fill a 4 year Contract Position for a Prosecuting Attorney. The successful candidate must be in good standings with the Maine Bar and apply to the Passamaquoddy Bar. For additional information please call: 207-853-5151. Please provide a Curriculum Vitae and Cover Letter to: Pleasant Point Tribal Court PO Box 343 Perry, ME 04667. Deadline for Applications: Friday, October 11, 2019.

Chief Judge, Perry, M.E. The Passamaquoddy Tribal Court at Pleasant Point is seeking applications to fill a 4 year Contract position for the Chief Judge. The successful candidate must be in good standings with the Maine Bar Association and Apply to the Passamaquoddy Tribal Bar. For additional information please call: 207-853-5151 Please provide a Curriculum Vitae and Cover Letter to: Pleasant Point Tribal Court PO Box 343 Perry, ME 04667. Deadline for Applications: Friday, October 11, 2019.

Judge, Perry, M.E. The Passamaquoddy Tribe at Pleasant Point Healing to Wellness Program is looking for a Wellness Court Judge to preside over court cases throughout a participant’s healing journey. The successful candidate shall be familiar with the appropriate court processes and procedures, in addition to the role of supporter, motivator, and champion in a less adversarial arena of Wellness Court. Is able to demonstrate commitment to promote wellness for each participant. This is a contract position. Must be an active member of the Maine Bar Association and in Good Standing. Must possess knowledge of judicial procedures and rules. Also applicant would need to apply for Passamaquoddy Bar. Training/Knowledge in Healing to Wellness Court is strongly recommended. A Curriculum Vitae along with a Cover Letter are required in order to be considered. Send requested information to: Wellness Court Director at Pleasant Point, PO Box 343 Perry, ME 04667. For further info call: 207-853-5166. Deadline for Applications: Friday, October 11, 2019.

Prosecutor, Perry, M.E. The Passamaquoddy Tribe at Pleasant Point Healing to Wellness Program is looking for and enthusiastic and highly ethical trial lawyer to fill its Prosecutor position. The successful candidate shall be skilled at disputing case and possess excellent communication skills. She/He must maintain communication/connection between Court/Team Partners, gathers date for Court/Team prior to Staffing. Must be and active member of the Maine Bar Association and Good Standing. Must possess knowledge of judicial procedures and rules, also applicant will need to apply for Passamaquoddy Bar. Training/Knowledge in Healing to Wellness Court is strongly recommend. A Curriculum Vitae along with a Cover Letter are required in order to be considered. Send requested information to Wellness Court Director, PO Box 343, Perry, ME 04667. Please Call 207-853-5166 for and further information. Deadline for Applications: Friday, October 11, 2019.

Frederick Peebles & Patterson LLP

Summer Law Clerk, FPP is seeking applications from second year law students for 2020 Summer Law Clerks for offices in Louisville, Colorado; Rapid City, South Dakota; and Sacramento, California. Applicants must be enrolled in an ABA accredited law school.  Experience or coursework in tribal and Federal Indian Law is strongly preferred.  Applicants must also possess excellent analytical, research and communication skills, and the ability to work independently and as a team member in a fast-paced environment.  FPP offers a competitive hourly wage for a 10-week summer position. Applicants should e-mail a cover letter, resume, a writing sample, and law school transcript to lawclerk@ndnlaw.com by Friday, October 18, 2019.  The cover letter should indicate your preference for each FPP office location by completing the chart below (i.e., #1 is for the top location preference followed by 2, and 3.  If you are not applying for consideration at a particular office location please note N/A).

Mescalero Apache Tribe

Public Defender, Mescalero, N.M. The Public Defender will represent defendants in criminal proceedings filed in the Mescalero Apache Tribal Court. The Public Defender will work to resolve matters in an ethical and professional manner. The Public Defender will oversee Office of the Public Defender staff. A full job description will be provided upon request. Position is open until filled. Please see the announcement for more information.

Sisseton Wahpeton Oyate

In-House Attorney, Agency Village, S.D. Under the administrative direction of the Tribal Chairman, the In-House Attorney provides practical and wide-ranging legal advice to the Executives, Tribal Council, departments, agencies, boards and committees and represents the Tribe in Tribal, State, and Federal Courts and hearings. Position open until filled. Please see the announcement for more information.

Michigan State University

Associate Professor Tenure Track, East Lansing, M.I. Michigan State University College of Law invites applications from entry-level and lateral candidates for full-time, tenure-track faculty positions with an expected start date of July 1, 2020.  We welcome applications from candidates across all areas of law, although subject areas of particular interest include agricultural and food law, civil rights, commercial and corporate law, criminal law, family law, health care law and policy, race and the law, sports law, and tax. The Law College seeks applicants with a commitment to excellence in teaching and scholarly achievement.  The position is open to both lateral and entry-level candidates. Applications close on October 11, 2019.

Assistant Professor/ Librarian, East Lansing, M.I. The Director of the Law Library reports to the Law College Dean and will play a key managerial role in the life of the Law College by participating in law school administration and annual budget planning, by representing the Law College in a vibrant university environment, by working collaboratively with MSU Libraries, and by creating and advocating a strategic library vision.  Leadership skills, combined with intellectual acuity and a strong system of academic values, are key attributes of the Director.  The successful candidate will have a demonstrated expertise in technology, a reputation among peers for leadership and outstanding professional achievement, as well as a strong commitment to supporting faculty research and the larger mission of the Law College and University.  Depending on qualifications and experience, the candidate will be hired as tenure-system or fixed term faculty. Applications close on October 11, 2019.

Executive Assistant to the Associate Dean, East Lansing, M.I. The Executive Assistant is responsible for critical, high-level administrative projects primarily to assist the Associate Dean for Academic Affairs, the Associate Dean for Finance and Administration, and also from time to time the Dean; and works collaboratively with faculty and staff to facilitate and complete various projects. Applications close on September 22, 2019.

ACLU

Legal Director, Sioux Falls, S.D. Reporting to the Executive Director of the Chapter Office, the Legal Director will lead and expand the ACLU legal program across South Dakota, North Dakota, and Wyoming, including developing and litigating high-impact cases and managing the legal department. The Legal Director will be responsible for setting the overall legal strategy to advance the ACLU of SD/ND/WY mission, as well as handling the day-to-day management of legal staff and cooperating attorneys. As a critical member of the office’s senior management team, the Legal Director will provide strategic leadership on both litigation and non-litigation legal advocacy in priority areas of criminal justice, immigrants’ rights, indigenous justice, and LGBTQ equality, as well as other areas including First Amendment rights. Please see the website/announcement for more information.

Indigenous Justice Attorney, Albuquerque, N.M. The American Civil Liberties Union of New Mexico (ACLU-NM) seeks an experienced attorney to carry out litigation, advocacy, and outreach to advance justice and liberty for Indigenous people in New Mexico. This is a unique opportunity to work in concert with Indigenous communities to dismantle the systems of racism and oppression that make Native Americans among the most marginalized racial groups in our state. This position will work with other leaders in the organization to ensure that our priority advocacy efforts center the voices of impacted people and address the most pressing civil rights challenges facing Indigenous communities. Please see the website/announcement for more information.

See posts from September 13, 2019.

Please read our recent post about the requirements for Turtle Talk Friday Job Announcements. Thank you!

Ninth Circuit Rules in Favor of Tribe in Pit River v. BLM III

Here is the opinion in Pit River Tribe v. Bureau of Land Management.

Briefs:

blm-opening-brief.pdf

pit-river-answer-brief.pdf

blm-reply.pdf

Pit River II materials here. Pit River I materials here.

Edweying Naabing Panel on Tribal Leadership and Diplomacy

Sen. Jeff Irwin, Sharon Avery, Frank Ettawageshik

Seminar: Federal Indian Law Past and Present

Elk River Law Office, P.L.L.P. is hosting a two-day Federal Indian Law Past and Present Seminar on October 23-24, 2019 in Las Vegas, N.V. CLE credits are pending. For more details click here.

South Dakota “Riot Boosting” Law Enjoined

Here are the materials in Dakota Rural Action v. Noem (D.S.D.):

9-motion-for-preliminary-injunction.pdf

24-motion-to-dismiss-sheriff-thom.pdf

28-motion-for-judgment-on-pleadings.pdf

36-response-to-24.pdf

38-reply-in-support-of-9.pdf

39-reply-in-support-of-24.pdf

40-reply-in-support-of-28.pdf

43-1-surreply.pdf

dkt-49-order-dismissing-sheriff-thom.pdf

dkt-50-order-granting-preliminary-injunction.pdf

Complaint posted here.

National Indian Law Library Bulletin (9/18/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 9/18/19.

U.S. Supreme Court Bulletin 
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Petition for certiorari was filed in this case on 9/11/19: 
Sequoia Capital Operations v. Gingras (Tribal Sovereign Immunity)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Oertwich v. Traditional Village of Togiak (Banishment; Tribal Sovereign Immunity) 
Yocha Dehe Wintun Nation v. Newsom  (Tribal-State Compacts) 

U.S. Legislation – 116th Congress Bulletin 
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bill was recently proposed in the House: 
H.R.4289 – Bridging Agency Data Gaps and Ensuring Safety for Native Communities Act 

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

  • Indian Programs Advanced Appropriations Act up for first hearing on Capitol Hill
  • ‘The Duwamish people are still here’: Tribe hindered by lack of recognition
  • New Mexico tribe loses claim to national preserve
  • Patawomeck artist challenges state laws and tribal leaders to define ‘Indian art’
  • Eastern Shoshone Tribe and Northern Arapaho Tribe expand partnerships with university
  • Groundbreaking set for National Native American Veterans Memorial

Edweying Naabing Panel on Universities and Treaty Responsibilities

Eric Hemenway, Emily Proctor, Ethriam Brammer, Dylan Miner

Edweying Naabing Symposium Keynote Speaker Wenona Singel

Bill C-92, An Act Respecting First Nations, Inuit and Métis Children, Youth and Families

Government Bill (House of Commons) C-92 (42-1) – Royal Assent – An Act respecting First Nations, Inuit and Métis children, youth and families – Parliament of Canada

Somehow the final passage (“royal assent”) of this bill in Canada slipped our attention back in June. Initially, we saw it referred to as a “Canadian ICWA”, but it seems fair to say that it doesn’t quite achieve that level of protection for Native children and families. If nothing else, it illustrates just how differently the Canadian government engages with the tribal nations within its borders compared to the U.S.. We want to add a large caveat, which is that none of us are experts on Canadian law or child welfare.

However, those that are put together a really helpful publication which is available here, and is well worth your read (it made us think about if ICWA would get passing grades):

does-bill-c-92-make-the-grade_-full-report

From the Jurisdiction section of the report:

Why We Give the Bill a ‘D’ on this:

IN A HISTORIC FIRST FOR CANADA, the Bill purports to recognize Indigenous peoples’ inherent jurisdiction. For example, section 8(a) of the Bill affirms “the rights and jurisdiction of Indigenous peoples in relation to child and family services”. This positively worded language is also noted in the Bill’s introduction and summary. Similarly, section 18(1) states that the “inherent right of self-government recognized and affirmed by section 35 of the Constitution Act, 1982 includes jurisdiction in relation to child and family services, including legislative authority in relation to those services and authority to administer and enforce laws made under that legislative authority.” Section 18(2) affirms that this right includes the right to “provide for dispute resolution mechanisms.”

As there are no section 35 cases that recognize an inherent right of self-government for Indigenous Peoples or that have recognized an Aboriginal or Treaty right over child and family services law-making, this is a significant step forward.

This is not, however, a recognition of jurisdiction that removes all federal or provincial oversight, power or intervention. By recognizing jurisdiction over child and family services as a section 35 right, the federal government immediately re-asserts its power to unilaterally infringe or limit that right, a power upheld by court cases such as Sparrow. The legislation sets legal limits in terms of Indigenous laws being subject to Charter and Canadian Human Rights Act and the BIOC. It also sets practical limits in terms of the virtual necessity of negotiating coordination agreements with the federal and provincial governments, and in the glaring absence of any provisions for funding. At best, this could be interpreted as an acknowledgment of concurrent (or shared) jurisdiction, a matter on which Bill C-92 should be more clear.

***

Further, section 23 states Indigenous laws only authoritative if they can be applied in a way that “is not contrary to the best interests of the child.” As previously stated, Indigenous laws have upheld the best interests of Indigenous children for thousands of years. The concern about this limit is how the BIOC doctrine has been interpreted and applied by courts, non-Indigenous governments and decisions makers to apprehend Indigenous children and separate them from their families, communities and territories for the past 50 plus years.

Oral Argument in Acevedo v. Jordan [ICWA]

Here. In Division 3.

The MSU Indian Law Clinic and Center for Indigenous Research and Justice filed an amicus brief supporting the application of ICWA and the minor mom (represented by Northwest Justice Project).