Interior Prevails in Wilton Rancheria Trust Land Acquisition Matter
Here is the opinion in Stand Up for California! v. Dept. of Interior (D.D.C.):
Materials here.
D.C. Council to Consider Indigenous Peoples’ Day
From David Grosso, D.C. Council Member:
For Immediate Release
October 7, 2019
Contact
Matthew Nocella, 202.724.8105
mnocella@dccouncil.us
It’s time to honor Indigenous Peoples’ Day in D.C.
Washington, D.C. – The following is a statement from Councilmember David Grosso ahead of tomorrow’s legislative meeting of the Council of the District of Columbia, where he will propose legislation to rename the holiday celebrated on the second Monday in October to “Indigenous Peoples’ Day”:
“For at least five years now legislation supported by a majority of the Council that would honor our native populations and rename Columbus Day to Indigenous Peoples’ Day has been stalled by Chairman Mendelson without any public input or hearing.
“Tomorrow, along with Councilmembers Cheh, Bonds, Nadeau, Trayon White, and Robert White, I will put forth legislation that will force a vote of the full Council to finally do the right thing by ending the celebration of the misleading narrative of Christopher Columbus on the second Monday in October.
“This move is not controversial. Maine, New Mexico, Vermont, North Carolina, Alaska, South Dakota, Oregon, and at least 130 cities and towns have now renamed the holiday, according to the New York Times.
“This is not just a movement in other areas of the country—I feel it right here in the District of Columbia every single day. I get letters from students requesting the name change; I know many schools use the holiday to honor Indigenous People instead of Christopher Columbus; and frankly, it’s an accident of history that Columbus is honored in this way.
“Columbus Day was officially designated as a federal holiday in 1937 despite the fact that Columbus did not discover North America, despite the fact that millions of people were already living in North America upon his arrival in the Americas, and despite the fact that Columbus never set foot on the shores of the current United States.
“Columbus enslaved, colonized, mutilated, and massacred thousands of Indigenous People in the Americas.
“We cannot continue to allow this history to be celebrated as a holiday in the District of Columbia. The government of the District of Columbia is clear that we are a government that values equality, diversity, and inclusion. Continuing to observe a holiday built on the celebration of oppression runs counter to those values.
“Already a majority of the Council has indicated their support to re-designate the second Monday in October through previous bills. It is my hope that we can come together tomorrow and honor Indigenous People and their rich history and cultural contributions with a ‘yes’ vote ahead of October 14.”
Office of Councilmember David Grosso
1350 Pennsylvania Avenue, NW
Suite 402
Washington, Dc 20004 Continue reading
SCOTUS Denies Cert in Oglala Sioux Tribe v. Fleming
Washington SCT Amends Tribal Court Jurisdiction Court Order 82.5
Here is the order. The amendment:
(d) Communication Between Superior Court of Any County of this State and Indian Tribal Court.
(1) A superior court of any county of this state may communicate with any Indian tribal court concerning co-occurring proceedings, whether they are active or have been concluded. The parties shall provide to the respective courts the identity, contact information, and a case or docket number of the other court’s proceedings to facilitate this communication.
(2) The superior court may allow the parties to participate in the communication. If the parties are not able or allowed to participate in the communication, they shall be given an opportunity to present facts and legal arguments in writing before a decision is made regarding the communication, or the subject of communication, by the superior court. The Indian tribal court‘s procedures and customs shall determine the parties’ participation in the Indian tribal court proceedings.
(3) The superior court shall make a record of a communication made pursuant to this section. The parties shall be informed promptly of the communication by the superior court and granted access to the record. The Indian tribal court‘s procedures shall determine whether and how a record is made in Indian tribal court proceedings, and whether and how parties may be informed of the communication or granted access to a record of the communication.
(4) Except as otherwise provided in subsection (3) of this section, communication between the superior court and the Indian tribal court regarding scheduling, administrative or emergency purposes, and similar matters may occur without informing the parties. The superior court need not make a record of the communication under this section. The Indian tribal court‘s procedures shall determine whether and how a record is made in Indian tribal court proceedings of such communication.
(5) For the purposes of this section, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(6) The superior court shall follow the procedures set forth in subsection (3) of this section when communicating regarding adult criminal matters, except as otherwise authorized by law. The Indian tribal court‘s procedures shall determine the requirements for communication regarding adult criminal matters in Indian tribal court proceedings. Superior courts and Indian tribal courts may communicate about the orders prohibiting contact as set forth in subsections (1) – (5) above.
Tenth Circuit (Barely) Keeps Alive Caddo Nation Suit against Wichita and Affiliated Tribes
Here is the unpublished opinion in Caddo Nation v. Wichita and Affiliated Tribes.
Briefs here.
Ninth Circuit Materials in Yurok Tribe v. Resighini Rancheria
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:
- In the email body, a typed brief description of the position which includes position title, location (city, state), main duties, and closing date;
- An attached PDF job announcement.
Please send all job announcements in this requested format.
Legal Services of South Central Michigan
Staff Attorney, Lansing MI. The staff attorney will provide a range of individual advocacy and impact work, including housing law, consumer, public benefits and family law. The position is open until filled. Please visit the link for more information.
The ACLU of Arizona
Legal Director, Phoenix, AZ. lead and expand the ACLU of Arizona’s legal program, including developing and litigating high-impact cases and managing the legal department. Be responsible for setting the overall legal strategy to advance the ACLU of Arizona’s mission, as well as handling the day-to-day management of legal staff, volunteers, and cooperating attorneys. Provide strategic leadership on both litigation and non-litigation legal advocacy. The job posting is attached and available online.
Sisseton Wahpeton Oyate
Tribal Attorney, Agency Village, SD. Application and job description information can be seen at SWO Human Resources Office or here. Application can be downloaded from “Apply Now” and emailed to ArnoldW@SWO-NSN.GOV or DeniseH@SWO-NSN.GOV. Contact Arnold Williams 698-8238 or Denise Hill 698-8251 with questions.
Agua Caliente Band of Cahuilla Indians
Court Administrator, Palm Springs, CA. Management and supervision of daily court operations. Please apply@ www.hotwatercasino.com. See the job description for more information.
Berkey Williams LLP
Indian Law Fellowship 2020, CA. Our Fellowship program encourages recent law graduates to work in the field of Indian law and provides Fellows with opportunities to pursue a wide variety of projects in Indian Country. Closing Date: October 30, 2019. Please see the description for more information.
Earthjustice
Associate Attorneys, Florida Regional Office, Miami, FL. Earthjustice is hiring two Associate Attorneys in Miami, FL to join the team and is accepting applications on a rolling basis. Associate responsibilities will include but not limited to conducting legal and factual research, prepare memoranda on issues relating to ongoing and potential litigation projects, assist with written discovery requests and depositions and advocate in front of administrative agencies for strong health and environmental protections. The Associate Attorney program is a term-limited, three-year position with a potential for extension. This program is designed to help attorneys develop into thoughtful, professional, and effective advocates skilled in the various phases of public interest litigation.
Michigan Indian Legal Services (MILS)
Attorney, Traverse City, MI. MILS has a 3-year, grant-funded attorney position. The focus of this position will be simple estate planning with individuals in the Native American communities throughout the state. Open until filled. See job description for more information.
RFP. Project Consultant, Traverse City, help set up remote access to server. Proposals due Oct 25, 2019.
RFP. Project Consultant, Traverse City, Assist with a three-year, statewide, legal needs assessment. Proposals due Oct 25, 2019.
The Intertribal Court of Southern California
Tribal Youth Court Coordinator. The Tribal Youth Court Coordinator will also perform a variety of court-support tasks including: (1) developing work methods and procedures; (2) directing communication and coordination with various tribal, state, and federal agencies as well as community partners; and more. See the position description for more information.
Department of Justice
Tribal Victim Witness Assistance Specialist, Bay City, MI. Provide advice to District United States Attorney’s Office Management and acting as a focal point for tribal, victim matters within the District; Develop and implement specific program activities which promote compliance with Federal victim laws and guidelines; and more. See the job description 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.
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.
See posts from September 27, 2019. Please read our recent post about the requirements for Turtle Talk Friday Job Announcements. Thank you!
State and Individual Parties File for En Banc Review in Brackeen v. Bernhard [ICWA]
Individual Petition for EnBanc Review
State Petition for EnBanc Review
The Court has asked the federal and tribal parties for response briefs, which are due October 23rd.
No Indian Law Grants from SCOTUS Long Conference; No Word on Denials Yet
Order list here.
Turtle Talk 
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