Here are the materials in Coriz v. Rodriguez (D.N.M.):
65 DCT Order Substituting Defendant
68 Magistrate Report re 51 and 63
Prior post here.
Ninth Circuit Affirms Dismissal of Intra-Tribal Property Dispute at Bishop Paiute
2017 DOJ Report on Indian Country Criminal Investigations and Prosecutions
Here.
NCAI and NARF Information on Tribal Amicus Brief for Texas v. Zinke
Here:
Information on the case here.
| Important Indian Child Welfare Act Case, Brackeen v. Zinke, likely to be appealed to the Fifth Circuit Court of Appeals. NCAI and its partners urge tribal nations to join tribal amicus brief.
We need your help. The National Congress of American Indians (NCAI), the Association on American Indian Affairs (AAIA), the National Indian Child Welfare Association (NICWA) and the Native American Rights Fund (NARF) need your help in securing tribal nations as signatories to an amicus brief to the Fifth U.S. Circuit Court of Appeals in support of the Indian Child Welfare Act (ICWA). The four intervening tribal nations in this case – the Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, and Quinault Indian Nation – appreciate the work of NCAI, AAIA, NICWA, and NARF in asking that all 573 federally recognized tribal nations stand together on one brief. The ongoing amicus strategy emphasizes the importance of Indian Country speaking with one voice in our support of ICWA before the Court. One focused tribal brief also makes it more likely to be seriously considered by the Court than an approach where multiple briefs are submitted by tribal nations. Any federally recognized tribal nation, inter-tribal organization, or ICWA organization may join this brief free of charge. Details: · There is no cost to join the amicus brief. The ICWA attorneys at NARF and the law firm Dentons have volunteered to draft this tribal brief pro bono, as with the tribal amicus briefs before the district court and previous federal litigation. · NARF is coordinating tribal signatories. Any tribal nation, inter-tribal organization, or ICWA organization interested in signing on to the amicus brief can contact Dan Lewerenz at lewerenz@narf.org and/or Erin Dougherty Lynch at dougherty@narf.org. · The notice of appeal was just filed yesterday, and the briefing schedule has not yet been set. Tribes and organizations that express their interest will be notified of upcoming deadlines, and if requested will receive a draft of the brief for review in advance of filing. Instructions on how to obtain the review draft, and how to formally join the brief as a signatory tribe or organization, will follow at a later date. Background: In Brackeen v. Zinke, No. 4:17-cv-00868 (N.D. Texas), several individual plaintiffs and the States of Texas, Indiana, and Louisiana have sued the United States Departments of the Interior and of Health and Human Services, arguing that ICWA is unconstitutional and that the Department of the Interior’s 2016 regulations (Final Rule) violated the Administrative Procedure Act (APA). The United States has defended ICWA and the Final Rule, and four tribal nations – Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, and Quinault Indian Nation – have intervened as tribal defendants. (Navajo Nation also recently moved to intervene as a defendant on appeal; that motion is still pending.) On October 4, 2018, the District Court granted a decision in favor of the plaintiffs and the States, holding (1) that ICWA operates as a racial statute and violates the Constitution’s guarantee of equal protection, (2) that ICWA violates the Tenth Amendment by forcing States to carry out federal policy, (3) that ICWA includes an unconstitutional delegation of Congress’s legislative authority to tribal nations, and (4) that the Final Rule violates the APA. This tribal brief is part of a coordinated amicus strategy among ICWA supporters that aims to present the court will all of the information it needs to reverse the district court’s erroneous decision, while hopefully avoiding unnecessary duplication with other briefs. As part of that strategy, the tribal brief will focus on three arguments: (1) It will explain the historical conditions that made ICWA necessary, and demonstrate ICWA’s continuing relevance today; (2) it will push back against the District Court’s assertion that the political relationship between the federal government and tribal nations is limited to on- and near-reservation Native people; and (3) it will explain why ICWA does not “delegate” authority to tribal nations, but rather lawfully affirms tribal nations’ authority to legislate concerning child welfare and other domestic relations. Again, there is no cost to join this amicus brief. Any tribal nation or organization interested in joining this brief, please contact Dan Lewerenz at lewerenz@narf.org and/or Erin Dougherty Lynch at dougherty@narf.org. NARF will share with interested tribal nations and organizations a draft brief when it is ready for circulation, and will keep them informed of all upcoming deadlines. Thank you for your support and do not hesitate to contact Dan Lewerenz atlewerenz@narf.org and/or Erin Dougherty Lynch at dougherty@narf.org if you have any questions about the brief itself or amicus brief strategy. NCAI Contact Info: Derrick Beetso, General Counsel, dbeetso@ncai.org |
Placement Preferences/Active Efforts (ICWA) Case from South Dakota Supreme Court
Footnote 4:
4. We are aware of the recent decision of the United States District Court for the Northern District of Texas holding parts of ICWA, including its placement preferences, unconstitutional. Brackeen v. Zinke, No. 4:17-cvoo868-0, 2018 WL 4927908 (N.D. Tex. Oct. 4, 2018). However, the decision may be appealed and ICWA has previously been upheld by the United States Supreme Court. Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 109 S. Ct. 1597, 104 L. Ed. 2d 29 (1989). Moreover, we are not bound by the decision of the District Court in Texas and must presume that ICWA is constitutional. U.S. v. v. Nat’l Dairy Prods. Corp., 372 U.S. 29, 32, 83 S. Ct. 594, 597, 9 L. Ed. 2d 561 (1963) (noting that Acts of Congress have “strong presumptive validity’); State v. Rolfe, 2013 S.D. 2, ¶ 13, 825 N.W.2d 901, 905 (“Statutes are presumed to be constitutional[.]”).
The Father argued the state failed to provide active efforts when the children were not placed within the placement preferences. The Court did not agree with his argument.
Thomas Ryan RedCorn: “Putting Osage women in control of their own images”
Here, in WaPo.
Friday Job Announcements
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 and a PDF job announcement to indigenous@law.msu.edu.
Association of Village Council Presidents
Associate General Counsel, A.K. The Association of Village Council Presidents is searching for an Associate General Counsel to conduct typical in-house counsel duties, provide legal advice to a wide range of social services departments, help ensure federal grant compliance, and research issues pertaining to tribal law. Applicants must be licensed to practice law in Alaska or be able to become admitted to practice law in Alaska within one year of hire. Three years of experience in corporate, non-profit, or Native law preferred. Please see the announcement for more information.
Colorado River Indian Tribes
Associate Judge, Parker, A.Z. The Colorado River Indian Tribes is seeking an Associate Judge. The Associate Judge is responsible for fairly and impartially hearing and deciding judicial cases and matters within the jurisdiction of the Colorado River Indian Tribes Tribal Court pursuant to the CRIT Tribal Laws, Codes, Rules and regulations as assigned by Chief Judge. Applications close on November 30, 2018. Please see the job announcement for more information.
Swinomish Indian Tribe
Staff Attorney, Swinomish Village, W.A. The Office of Tribal Attorney advises and represents the Swinomish Indian Tribal Community in Federal, Swinomish and State courts. The Office of Tribal Attorney has seven attorneys and four legal assistants, and provides legal services covering a broad range of Tribal government, economic development, natural resource and Federal Indian law issues. The Office’s practice includes legal advice, document drafting and collaboration with a wide range of Swinomish policy committees, departments and entities. The Office’s work includes contract preparation and review; drafting ordinances; economic development activities; intergovernmental issues; treaty hunting and fishing rights and management; reservation lands governance and management; water rights; environmental protection; and Indian gaming, housing and utilities, among other areas.
Minimum Qualifications: Qualified applicants must have graduated from an accredited law school; preferably be currently licensed to practice in Washington, but consideration will be given to applicants able to become licensed to practice in Washington within six months of employment through reciprocity or passing the Washington Bar Exam; have or promptly obtain a valid Washington State driver’s license; have excellent written, oral, research and analytical skills; have strong interpersonal communication and negotiation skills and an ability to thrive in an interdisciplinary and cross-cultural work environment; work well and bring flexibility to a fast-paced and dynamic work setting; enjoy and excel at creative problem-solving; have a demonstrated commitment to working with Native or other minority communities and/or restorative justice; and a commitment to reside on or near the Reservation. Qualified applicants must have experience or demonstrated expertise in one or more of the following subject-matter areas, with at least five years of experience as a practicing attorney: drafting and negotiating contracts; drafting statutes, policies and procedures; litigation, preferably in Federal Court; representing public or private entities; legal support of incubation or operation of Tribal or commercial enterprises, including gaming, hospitality or health services;; taxation; or Indian law; and ability to use a personal computer with Office and timekeeping software and document database. Salary negotiable depending upon experience. Compensation includes a medical, dental & vision health plan, 401(k) plan, generous leave and other fringe benefits.
Native American hiring preferences under Swinomish Tribal Code 14-01.120 will be in effect during the selection of candidates. Applicants must pass a background check and a drug test. To apply, submit the following: Swinomish Indian Tribal Community Employment Application (you may request this application via email); Office of Tribal Attorney Application Addendum; cover letter including an explanation of the applicant’s interest in the position, along with a current resume, the names and contact information for at least 3 professional references, and two samples of the applicant’s own independent writing to: Wendy A. Otto, Swinomish Indian Tribal Community, 11404 Moorage Way, La Conner, Washington 98257, (360) 466-1134, wotto@swinomish.nsn.us.
Last week’s postings: November 16, 2018.
The Onion: “Does Thanksgiving Glorify the Historical Slaughter of the Detroit Lions?”
Here.
WaPo Op-Ed: “Why conservatives are attacking a law meant to protect Native American families”
Here.
Turtle Talk 
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