Turtle Talk

Friday Job Announcements

September 28, 2018Monica Williamson1 Comment

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 job and a PDF job announcement to indigenous@law.msu.edu.

See postings from September 21, 2018.

Navajo Nation

Attorney, Department of Justice, Office of the Prosecutor, Tuba City, AZ. This position serves at the pleasure of the Chief Prosecutor of the Navajo Nation. New law school applicants as well as experienced attorneys are encouraged to apply. Please see the job announcement and the Navajo Nation Department of Personnel Management website for more information. Please contact Ms. Jaime High, Deputy Chief Prosecutor for further information at jaimehigh@navajo-nsn.gov.

Attorney, Department of Justice, Office of the Prosecutor, Kayenta, AZ. New law school applicants as well as experienced attorneys are encouraged to apply. Please see the job announcement and the Navajo Nation Department of Personnel Management website for more information. Please contact Ms. Jaime High, Deputy Chief Prosecutor for further information at jaimehigh@navajo-nsn.gov.

Procopio

(2) Summer 2019 Native American Law Internships, Native American Internship Program, San Diego CA. Procopio offers two paid summer internships. Please note the deadline for submission is October 31 at 5pm PST. You can gain additional information about the applications here, and you can learn about our alumni of the program here. Should you have any questions regarding the internship or the application process, please contact Ted Griswold at ted.griswold@procopio.com.

The Hopi Tribe

Deputy General Counsel, Kykotsmovi, AZ. The Deputy General Counsel provides professional legal counsel and representation to the Hopi Tribal government – including the legislative and executive branches of the Hopi Tribe, the administrative departments, offices and programs. Please see the job description for more information.

Chief Probation Officer, Kykotsmovi, AZ. This position is responsible for administrative management and supervision of the Probation Unit; and supervision of adult and juvenile probationers to assure adherence to court orders in support of the Hopi Tribal Court, Judicial Services. Please see the job description for more information.

Hobbs, Straus, Dean & Walker, LLP

Associate Attorney, Oklahoma City, OK. Our attorneys are dedicated to promoting and defending sovereign rights, expanding opportunities for tribes, and improving the lives of American Indians and Alaskan Natives. This position is open until filled. Please see the job announcements for more information. To apply: Candidates should submit a cover letter, resume, law school transcript, and recent writing sample to Cindy Bonewitz at cbonewitz@hobbsstraus.com.

Michigan Indian Legal Services

Staff Attorney, Traverse City, MI. This position will focus on tribal and state law
legal issues; with an emphasis on tribal court child welfare and criminal defense
matters. This position will require overnight travel in the Upper Peninsula. For more information please see the job description.

The Ute Indian Tribe of Northeastern Utah

Tribal Prosecutor, Tribal Courts, Fort Duchesne, Utah. For more information regarding this position and how to apply, please refer to job description. Closing date: October 11^th, 2018. To apply, please send application, resume, and certifications to one of the following individuals: Ronevav@utetribe.com or Taunishac@utetribe.com. Closing date: October 11^th, 2018

Attorney, Social Services, Fort Duchesne, Utah. Attorney will act as the legal representative for the Ute Indian Tribe Social Services in child welfare and vulnerable adult related matters where court and/or legal interventions are needed to ensure the safety and well-being of clients served by the Ute Indian Tribe Social Services (UITSS). Please refer to job description for more information regarding this position. To apply, please send application, resume, and certifications to one of the following individuals: Ronevav@utetribe.com or Taunishac@utetribe.com. Closing date: October 11^th, 2018

Tribal Law and Policy Center

Program Assistant, St. Paul, MN. The Program Assistant is a full-time position responsible for a range of administrative and program support duties to assist the TLPI Minnesota Office staff with the implementation of current TLPI projects. Application closes October 15, 2018. For more information please see the job description.

Native American Rights Fund

Paralegal, Boulder, CO. Application closes October 16, 2018. NARF paralegals provide multiple attorneys with whatever litigation, administrative, and clerical support is required. They coordinate and manage all aspects of cases and matters, including in all phases of the litigation process. Please see the job description for more information.

Oglala Sioux Tribe Files En Banc Petition in South Dakota ICWA Case

September 28, 2018Matthew L.M. Fletcher

Here is the petition in Oglala Sioux Tribe v. Vargo (AKA Oglala Sioux Tribe v. Fleming, and FKA Oglala Sioux Tribe v. Van Hunnik):

En Banc Petition

Panel decision here.

Briefs here.

Federal Court Denies Summary Judgment on Funding Issue re: IHS Clinic near Oregon

September 28, 2018October 2, 2018Matthew L.M. Fletcher

Here are the materials in Fort McDermitt Paiute & Shoshone Tribe v. Price (D. D.C.):

1 Complaint

14 Tribe Motion for Summary J

15 IHS Motion for Summary J

18 Tribe Reply

20 IHS Reply

24 DCT Order

Federal Court Grants Habeas Relief to State Prisoner for Crime Committed on Indian Lands [Public Law 280]

September 28, 2018September 28, 2018Matthew L.M. Fletcher

Here are the materials in Berry v. Baca (D. Nev.):

1-1 Habeas Petition

7 Nevada Motion to Dismiss

10 DCT Order Granting Motion

13 Motion for Relief from Judgment

18 Nevada Response

22 Reply

23 DCT Order Granting Petition

Federal Court Dismisses Effort to Appeal Shakopee Tribal Court Marriage Dissolution/Child Custody Order

September 28, 2018Matthew L.M. Fletcher

Here are the new materials in Nguyen v. Gustafson (D. Minn.):

35 Tribal Motion to Dismiss

39 Defendant Motion to Dismiss

41 Plaintiff Opposition

43 Gustafson Reply

44 Tribal Reply

47 DCT Order Granting Motion to Dismiss

Prior post here.

New Scholarship on Indian Treaty Rights and Fossil-Fuel Exports Projects in the Pacific Northwest

September 27, 2018Matthew L.M. Fletcher

Michael C. Blumm & Jeffrey Litwak have posted “Democratizing Treaty Fishing Rights: Denying Fossil-Fuel Exports Projects in the Pacific Northwest,” forthcoming in the Colorado Natural Resources, Energy & Environmental Law Review, on SSRN.

Here is the abstract:

Indian treaty fishing rights scored an important judicial victory recently when an equally divided U.S. Supreme Court affirmed the Ninth Circuit’s decision in the so-called “culverts case,” which decided that the Stevens Treaties of the 1850s give the tribes a right to protect salmon migration obstructed by barrier road culverts. The implications of that decision on other habitat damaging activities have yet to be ascertained, but even prior to the resolution of the culverts case there were significant indications that federal, state, and local administrative agencies were acting to protect treaty fishing rights from the adverse effects of large fossil-fuel export projects proposed throughout the Pacific Northwest. After briefly explaining the culverts decision, this article examines five recent examples of agencies denying permits for fossil-fuel developments at least in part of treaty rights grounds. We draw some lessons from these examples concerning the importance of tribal participation in administrative processes and explore some knotty evidentiary issues that tribal efforts to protect their historic fishing sites may entail. We conclude that safeguarding their treaty rights in the 21st century will require tribes to be as vigilant about the administrative process as they have been about seeking judicial protection.