Here are updated materials in Williams & Cochrane LLP v. Quechan Tribe of the Fort Yuma Reservation (S.D. Cal.):
138-1 W&C Motion to Dismiss Quechan Counterclaims [94]
148 W&C Response to Quechan MTD [115]
150 W&C Opposition to Rosette Motion to Strike [109]
151 W&C Opposition to Rosette MTD [110]
161 Rosette Reply in Support of 109
162 Quechan Reply in Support of 115
167 W&C Reply in Support of 94
Prior posts here.
UPDATE:
Here:
The National Indian Law Library added new content to the Indian Law Bulletins on 11/16/18.
U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Read the latest Tribal Supreme Court Project update published on 11/8/18.
Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2018.html
Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2018.html
Oklahoma Intrastate Transmission, LLC v. 25 Foot Wide Easement (Utility Easements)
New Mexico ex rel. State Engineer v. Carson (Water Rights; Standing)
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature articles about a ruling halting the Keystone XL pipeline.
Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
The Department of Health and Human Services, Administration for Children and Families, seeks public comment on proposed adoption of Administration for Native Americans Programs policies and procedures.
U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following were added:
S.Res.702: A resolution recognizing National Native Native American Heritage Month and celebrating the heritages and cultures of Native Americans and the contributions of Native Americans to the United States.
H.R.7121: To protect the voting rights of Native American and Alaska Native voters.
Here.
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.
Navajo Housing Authority
General Counsel, Window Rock, A.Z. The Navajo Housing Authority is seeking an attorney to provide in-house counsel and legal services to NHA leadership and the Board of Commissioners. Please see the job announcement for more information. Applications close on December 3, 2018.
Navajo Nation Judicial Branch
Associate Attorney, Supreme Court of the Navajo Nation, Window Rock, AZ. This position provides a variety of legal advice, research and related legal services in support of the overall operation of the Navajo Nation Judicial Branch; assists with judicial administrative functions, such as researching and recommending policy changes and improvements for overall Judicial Branch. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.
Court Solicitor, Supreme Court of the Navajo Nation, Window Rock, AZ. This position provides a variety of legal advice, counseling, research and related legal services in support of the overall operation of the Navajo Nation Judicial Branch; assists with judicial administrative functions, such as recommending policy changes and improvements for overall Judicial Branch; shall supervise and oversee all licensed attorneys, law clerk, hearing officers, supreme court clerk, and law clerk interns of the Judicial Branch. For more information, please see the position description or to apply, visit http://www.navajocourts.org. 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.
National Association of Criminal Defense Lawyers
2019 Diversity Summer Fellowship, U.S. The National Association of Criminal Defense Lawyers (NACDL) is now accepting applications for its Diversity Summer Fellowship. NACDL is seeking applicants from 1Ls and 2Ls from historically underrepresented backgrounds who demonstrate a commitment to criminal justice. Potential placements are located throughout the U.S. Fellows will receive a weekly stipend of $500 for up to eight weeks of work with a selected criminal defense placement. Applications must be submitted by December 3, 2018 at 11:59pm. The application form and instructions can be found at www.nacdl.org/summerfellowship. Please submit all documents in one PDF via email to summerfellowship@nacdl.org.
Fort Belknap Indian Community
Chief Administration Officer, Harlem, M.T. The Fort Belknap Indian Community is seeking an experienced Chief Administration Officer to provide efficient management to the FBIC staff and also provide leadership. Please contact Fort Belknap Human Resources for a complete job description. Interested candidates are encouraged to submit application, resume, letter of interest, and salary requirements to the Fort Belknap Human Resources Department at 656 Agency Main St., Harlem, Montana 59526. You may contact Andrea Crantz at (406) 353-8464 or Fanci Boushie (406) 353-8452.
National Congress of American Indians (NCAI)
Policy Counsel, Washington D.C. The National Congress of American Indians has an opening for an attorney to serve as Policy Counsel in the Washington, DC office. The Policy Counsel will report to the General Counsel and will have responsibility for a portfolio of legal and policy issues that may include: inter-agency coordination, taxation, tribal sovereignty, the federal trust responsibility, tribal lands, environment and natural resources, and other issues of importance to Indian tribal governments. In addition, the incumbent will provide legal counsel and services under the direction of the General Counsel, which may include contract review, reviewing and drafting internal policies and governance documents, and providing other general legal support. Applications close on December 7, 2018. Please see the website for more information.
Last week’s postings: November 9, 2018.
Here.
Opinion here.
ICWA requires two things to apply–an “Indian child” and a “child custody proceeding”. Once both of those things are met, then the court has to apply the heightened standards required by the law. This decision out of Colorado wrestles with when to apply the heightened burdens. There are four “child custody proceedings” under ICWA: a foster care proceeding, a termination of parental rights proceeding, a pre-adoptive placement, and an adoptive placement. In a standard state child custody case, there is an emergency/shelter care/preliminary/24-72 hour hearing, then an adjudicatory/jurisdictional hearing, followed by dispositional/review hearings, and finally permanency hearings. They don’t neatly map on to the ICWA defined proceedings, so the question of when to apply the heightened burden of proof can be up for debate. Because the adjudicatory hearing is the time when the court decides whether the state has met its burden to intrude on the family’s life and whether the court therefore has jurisdiction to do so, ICWA advocates often argue that the court should apply heightened standards at that very important hearing. However, it’s also often true that state has already removed a child, so it is technically not a “foster care proceeding” because the child is already in foster care. The Colorado Court of Appeals here decided the heightened burden has to apply to the dispositional hearing, where the Court determines the placement of a child (any proceeding that may result in a foster care placement, even if the child is placed back with a parent is subject to ICWA standards).
The Court also holds that a lack of notice does not deprive the state court of subject matter jurisdiction, and that ICWA applies until it is determined the child is not an Indian child.
Turtle Talk 
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