Qualified Expert Witness Case from Alaska [ICWA]

Kate Fort

Eva H. v. State of Alaska

This is a case worth reading in its entirety for the discussion of the qualifications of the QEW but also the discussion of the testimony supporting the casual connection between the parents’ behavior and the removal of the children.

This QEW had been a Guardian ad Litem in the Yukon Kuskokwim Delta region for a number of years, however:

She agreed that she had no formal education in psychology, mental health, chemical dependency, substance abuse, social work, or therapy, and she did not recall having read any scholarly literature in these areas. She acknowledged that she was unable to “diagnose mental health issues,” though she testified she could recognize them based on her experience as an attorney and a GAL. But she further admitted that she did not use “any documents or models, like professional references, in order to make those conclusions”; she relied solely on her experience as an attorney and a GAL.

Then, she

did not address causation, as framed in the regulation, by testifying about how Keith and Eva’s conduct was likely to cause “serious emotional or physical damage to” the two boys. She drew no connections between specific conduct
and the likelihood of specific harm. We have held in the past that expert testimony need not directly address every aspect of this element of a termination decision; trial courts are allowed to consider “reasonable inferences from the expert testimony, coupled with lay witness testimony and documentary evidence from the record.” But when expert testimony is required in order to support termination in ICWA cases, trial courts may rely on reasonable inferences only from the testimony of witnesses who are qualified to testify on the subject.

NYTs: “‘A State of Emergency’: Native Americans Stranded for Days by Flooding”

Matthew L.M. Fletcher

Here.

Waiting for the Green New Deal . . . Meanwhile, “Recording Reveals Oil Industry Execs Laughing at Trump Access”

Matthew L.M. Fletcher

Here.

Friday Job Announcements

Monica Williamson

Job vacancies are posted on Fridays. Any posts received prior to 12pm EST on Friday will appear in that Friday’s announcements. If you would like to submit a post for an open Indian law or leadership job, please send a brief description of the position (which includes position title and location) as well as a PDF job announcement to indigenous@law.msu.edu.

INTERN/FELLOWSHIP OPPORTUNITIES

The Navajo Nation

Law Clerk Intern (summer), Department of Justice, Office of the Prosecutor, multiple worksite locations: Window Rock, AZ, Crownpoint, NM, Ramah, NM, Tohajiilee, NM, Shiprock, NM, Chinle, AZ, Kayenta, AZ, and Tuba City, AZ. For more information please contact Gertrude Lee, Chief Prosecutor, at gertrudelee@navajo-nsn.gov and see the position description.

Department of the Interior National Indian Gaming Commission

Legal Fellow, Office of General Counsel, Washington D.C. The Commission’s primary mission is to work within the framework, created by the Indian Gaming Regulatory Act (IGRA) for the regulation of gaming activities conducted by tribes on Indian lands, to fully realize IGRA’s goals. For more information see the attachment or click here. Application closes April 8, 2019.

Association on American Indian Affairs

Cultural Sovereignty Fellowship, Washington D.C. This position will support the development of national policy in Indian affairs, and provide research, analysis and writing to support programs that include youth education, juvenile justice issues, Indian child welfare, sacred site protection, repatriation, protection of cultural heritage, federal acknowledgement, environmental security, and other program issues. Please see the job description or visit the website for more information. Applications are due April 1, 2019.

JOB OPPORTUNITIES

The Leech Lake Band of Ojibwe

Associate Tribal Attorney III, Cass Lake, MN. Seeking a recent law school graduate to assist the Legal Department Director with analysis for ongoing legal cases and issues in a broad spectrum of practice areas. This position is also responsible for preparing and analyzing contracts, legal documents, Tribal Codes, Ordinances, and Resolutions. Entry-level candidate preferred, but all qualified applicants will be considered. Please see the attached job description for more information on this position. Please visit www.llojibwe.org/jobs/llbojobs.html to apply.

Tribal Law and Policy Institute

Program Assistant, St. Paul, MN. The Tribal Law and Policy Institute (TLPI) is an Indian owned and operated non-profit corporation organized to design and deliver education, research, training, and technical assistance programs that promote the improvement of justice in Indian country and the health, well-being, and culture of Native peoples. TLPI focuses upon collaborative programs that provide critical resources for tribal court systems, victim’s assistance programs, violence against women programs, and others involved in promoting the improvement of justice in Indian country. For more information please visit www.home.tlpi.org. Deadline to apply, April 15, 2019.

Rosette, LLP

Litigation Associate Attorney, Grand Rapids, MI. Seeking an ambitious and experienced attorney. This firm specializes in representing federally recognized Indian tribes, their governmental entities and agencies, and businesses. For more information please see the job description.

The Confederated Tribes of the Umatilla Indian Reservation (CTUIR)

Tribal Attorney, Environmental Law Attorney, Office of Legal Counsel, Pendleton, OR. Among other demonstrated competencies, applicant should be familiar with federal Indian law, Superfund site assessment and clean-up, CERCLA, RCRA, Clean Water Act(s), Clean Air Act, NEPA, ESA, Nuclear Waste Policy Act and its implementation under DOE 435.1.  For questions contact CTUIR Human Resources at (541)276-3570. Position closing date is April 12, 2019. To apply click here and see the job description for more information.

DNA-People’s Legal Services, Inc.

Seeking the following positions. To apply, email Hresources@dnalegalservices.org and visit https://dnalegalservices.org. Call (928) 283-3206 for more information.

  • Managing Attorney, Public Defender, Keams Canyon, AZ
  • Staff Attorney, Public Defender, Keams Canyon, AZ
  • Managing Attorney (Civil), Keams Canyon, AZ
  • Staff Attorney (Civil), Keams Canyon, AZ
  • MLP Attorney, Tuba City, AZ
  • Receptionist, Flagstaff, AZ
  • (2) Staff Attorney, Farmington, NM
  • MLP Managing Attorney, Farmington, NM
  • NMVOCA Project Attorney, Farmington, NM
  • Director of Litigation, Window Rock, AZ
  • Director of Information Technology, Window Rock, AZ
  • Community Outreach/Legal Education Coordinator, Window Rock, AZ

The Swinomish Indian Tribal Community

Tribal Advocate, LaConner, WA. Represent eligible clients in Swinomish Tribal Court in criminal prosecutions and in Wellness Court hearings, and also provides general advice on a variety of civil matters.  The role of the Tribal Advocate in criminal matters is similar, but not identical to a public defender in the state court system. For more information please see the job description and view the employment application.

 

See posts from March 15, 2019.

Anishinaabe Racial Justice Conference Registration Open

Monica Williamson

2nd Annual Anishinaabe Racial Justice Conference

May 24-26, 2019

Baraga, MI

Visit the event page for conference details and to register. For more information please email samajack@umich.edu.

 

ARJC Official Flyer 2019

New Scholarship from Michalyn Steele on Indigenous Resilience

Matthew L.M. Fletcher

Here, from SSRN:

Indigenous Resilience

Arizona Law Review (Forthcoming), BYU Law Research Paper No. 19-08

Cultivating Professional Identity and Resilience Through the Study of Federal Indian Law

2018 Brigham Young University Law Review 1429, BYU Law Research Paper No. 19-07

Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe of Chippewa Indians Cert Petition [Bankruptcy Code + Sovereign Immunity]

Matthew L.M. Fletcher

Here:

buchwald cert petition

Question presented:

Whether the Bankruptcy Code abrogates the sovereign immunity of Indian tribes.

Lower court materials here.

Minnesota American Indian Bar Association Conference

Monica Williamson

The Minnesota American Indian Bar Association (MAIBA) welcomes you to attend the 2019 Indian Law Conference at the Mystic Lake Conference Center on Friday May 3, 2019.  MAIBA cosponsors the CLE with Minnesota CLE.

Those interested in hotel rooms may call the Mystic Lake Hotel at 800-262-7799 by April 10, 2019, to receive the special conference room rate.

Please visit the Minnesota CLE website for registration here: https://www.minncle.org/SeminarDetail.aspx?ID=1026681901.

Ninth Circuit Holds Exclusionary Rule Applies to Evidence Obtained in Violation of ICRA’s Fourth Amendment Counterpart

Matthew L.M. Fletcher

Here is the opinion in United States v. Cooley.

Briefs here.

Ninth Circuit Decides Chemehuevi Tribe v. Newsom [gaming compact dispute]

Matthew L.M. Fletcher

Here is the opinion.

Briefs here.