Saginaw Chippewa Healing to Wellness Court on Michigan Public Radio

Here.

Federal Court Dismisses All But One Claim in Long-running Dahlstrom v. United States [wrongful discharge from Sauk-Siuattle]

Here are the materials in Dahlstrom v. United States (W.D. Wash.):

69 us motion to dismiss

73 opposition

75 reply

77 dct order dismissing second amended complaint

 

 

Federal Court Rejects Constitutional Challenge to IRA Section 5 [fee to trust statute]

Here are the materials in Club One Casino v. Dept. of Interior (E.D. Cal.):

36-1 club one casino motion for summary j

37-1 doi motion for summary j

38 club one reply

39 doi reply

40 dct order

Prior post here.

Federal Public Defender Job Announcement

The Federal Public Defender for the District of New Mexico has four openings in its Albuquerque, New Mexico Office:

Please see the respective job announcements for more information.

State Bar of Wisconsin: Seventh Annual Indian Law CLE

The State Bar of Wisconsin is holding its Seventh Annual Indian Law CLE September 6-7, 2018 at the Potawatomi Hotel & Casino in Milwaukee, W.I. For more information please visit the website and click here for the agenda.

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 Indian law or leadership job, please send a PDF job announcement and/or the website where it is posted and a brief description of job to indigenous@law.msu.edu.

Picayune Rancheria of Chukchansi Indians

RFP Legal Services, Oakhurst, C.A. The Picayune Rancheria of Chukchansi Indians is seeking proposals for legal services to represent the tribe in an investigation and potential litigation of claims, including claims based on fraud, misrepresentation, negligence and/or malfeasance. Please see the job announcement for more information. Applications due by 5:00pm PST on July 18, 2018.

Department of Interior

Attorney-Adviser, Portland, O.R. The Department of Interior is seeking an Attorney-Adviser to provide legal advice and other legal services on matters to the U.S. Fish and Wildlife Service on matters including, but not limited to the National Wildlife Refuge System, the Endangered Species Act, the National Environmental Protection Act, the Freedom of Information Act, and wildlife law enforcement matters; water rights litigation, including Indian water rights; and other legal matters may include contracts management, torts, or employment law. This position requires strong research skills, and ability to effectively communicate in writing and orally. Please see the website for more information. Applications close on July 16, 2018.

Attorney-Adviser, Anchorage, A.K. The Department of Interior is seeking an Attorney-Adviser to serve as a trial attorney and legal advisor handling federal sector employment litigation, policy and counseling matters, including human resources, employment discrimination and labor relations issues; and advise senior Departmental and Bureau officials on federal employment litigation and policy, including Title 5 of the United States Code, Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Rehabilitation Act, the Equal Pay Act, the Americans with Disabilities Act, labor relations pursuant to Title VII of the Civil Service Reform Act, and various executive orders and regulations pertaining to employment actions, including discrimination and labor relations as they relate to federal employment, and relevant civil rights statutes falling under the Department’s public civil rights programs. Please see the website for more details. Applications close on July 16, 2018.

Wisconsin Judicare, Inc.

Staff Attorney, Indian Law Office, Wausau, W.I. Wisconsin Judicare, Inc. (WJ) is a non-profit law firm funded by the Legal Services Corporation, the Wisconsin Trust Account Foundation, and other public and private sources. WJ provides civil legal services to low-income persons in the northern 33 counties of Wisconsin, as well as the 11 Federally-recognized Indian tribes. Wisconsin Judicare’s Indian Law Office has an opening for an attorney to represent Native American individuals and groups on a variety of issues. Please see the announcement for more information.

Tolowa Dee-ni’ Nation

Executive Director, Smith River, C.A. The Tolowa Dee-ni’ Nation is seeking an Executive Director to lead its Tribal Administration. Please see the job announcement for more information. Applications and resumes can be emailed to sharper@tolowa.com. Applications and resumes may also be mailed to: Tolowa Dee-ni’ Nation, ATTN: Human Resources, 140 Rowdy Creek Road, Smith River, CA  95567. Please see the job announcement for more information.

Yurok Tribe

Associate General Counsel, Northern California. The Yurok Tribe is seeking an Associate General Counsel. This is a full-time position with a salary rage of $60,904-$94,898. This position includes medical, dental, and vision insurance, along with sick time and vacation pay. To apply, please visit the website or call (707) 482-1350 for more information.

Mille Lacs Band of Ojibwe

Court Attorney, Tribal Court, Onamia, M.N. The Mille Lacs Band of Ojibwe Tribal Court is seeking a Court Attorney. The Court Attorney is responsible for research and analyzing complex legal issues and questions raised in cases heard in District Court.  The position will also provide support in the context of drafting, preparing and maintaining legal documents for court cases.  The Court Attorney will serve in a confidential capacity and work with substantial independence; however, collaboration with the judicial body and court administration will be required.  The Court Attorney will supervise the law clerks, interns and externs. Applications close on July 25, 2018. Please see the job announcement for more information.

Department of Justice

Assistant United States Attorney, Minneapolis, M.N. The U.S.Attorney’s Office (USAO)-District of Minnesota is currently seeking highly qualified candidates for one or more Assistant United States Attorney (AUSA) positions for the Civil Division of the USAO. AUSAs in the Civil Division handle a wide variety of civil cases, including civil health care and procurement fraud, civil rights enforcement, constitutional challenges to statutes and regulations, environmental defense and enforcement, financial litigation, asset forfeiture, and the defense of employment discrimination and tort claims. AUSAs in the Civil Division litigate in the United States District Court and in the Eighth Circuit Court of Appeals. Civil Division AUSAs write sophisticated pre-trial motions and appellate briefs as well as handle depositions and trials. They also oversee government investigations under the False Claims Act. Civil AUSAs are expected to work independently and in teams with other AUSAs and federal government agencies. Applications close on July 24, 2018. Please see the website for more information.

Spirit Lake Nation

Juvenile Intake Officer, Fort Totten, N.D. The Spirit Lake Tribe is seeking a Juvenile Intake Officer. This position involves public relation skills in working with troubled children and youth along with independent and substantial degree of discretion in making decisions to determine need for formal judicial involvement or diversity programs for juvenile delinquent offenders.  It also entails reviewing delinquency petitions and conducting informal adjustments and/or assisting the Juvenile Court Prosecutor in determining processing of juvenile cases.  The applicant must be able to work with little or no supervision at times.  Work is performed under the general supervision of the Juvenile Prosecutor or Judge.  Works with average exposure to noise, but subject to frequent disruptions and moderate degree of stress.  Travels occasionally when necessary to do networking with other agencies.  Please see the job announcement and/or website for more information.

Prosecutor, Fort Totten, N.D. The Spirit Lake Tribe is seeking a Prosecutor. Some of the duties of the Prosecutor will be: to perform all phases of criminal prosecution of offenses committed in violation of the Spirit Lake Tribe Criminal Code within the jurisdiction of the Spirit Lake Tribe, to present and prosecute all criminal complaints in Tribal Court, and to work closely with law enforcement. Please see the job announcement and/or website for more information.

Native American Rights Fund (NARF)

Clerkships, Various Locations. Each year, NARF conducts a nation-wide search for law students to participate in its Law Clerk Program. Positions are available in all three of NARF’s offices: Anchorage, AK; Boulder, CO; and Washington,D.C. Please indicate your office preference in your cover letter. Please see the job announcement for more information. Applications close on September 14, 2018.

Yakama Nation

Attorney II, Toppenish, W.A. The Yakama Nation is seeking two (2) attorneys. The employee serves as attorney for the Yakama Nation Public Defender-Legal Aid Services Program and is responsible for providing quality professional legal representation and advice to tribal member clients in Tribal, Municipal, State and Federal Court systems or administrative agencies as assigned by the Lead Attorney-Program Manager. Employee is responsible for providing a full range of legal services to tribal members in areas such as, criminal, dependency, children’s court, fish and game, civil, family and Federal Indian Law matters, as assigned by the Lead Attorney-Program Manager. Services include legal research, evaluation of potential cases, analyzes and preparation of accepted cases, motions, hearings, trials and appeals. The attorney may be appointed by the courts as a Guardian Ad Litem in custody matters. In addition the attorney will provide legal education law clinics for the public as assigned. The position pays $40.56/hour. Please see the application and announcement for more information.

Spokane Tribe of Indians

Chief Judge, Wellpinit, W.A. The Spokane Tribe is seeking a law trained individual to serve as Chief Judge of the Spokane Tribal Court located at Wellpinit, Washington on the Spokane Indian Reservation. The Spokane Tribal Court is located approximately 40 miles northwest of Spokane, Washington and exercises jurisdiction over a broad range of civil and criminal matters. Please see the announcement fr more information. Applications close on August 10, 2018.

Last week’s posts: July 6, 2018.

National Indian Law Library Bulletin (7/12/2018)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 7/12/18.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2018.html

  • American colonialism and constitutional redemption.
  • An analysis of the lack of protection for intangible tribal cultural property in the digital age.
  • The Trump public lands revolution: Redefining “the public” in public land law.
  • Global water crisis and human rights: A glass half empty.
  • The untold story of the Dakota Access Pipeline: How politics almost undermined the rule of law.
  • The distributive state and the function of tax expenditures.
  • Congressional power and sovereignty in Indian affairs.

Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2018.html
Caddo Nation of Oklahoma v. Wichita and Affiliated Tribes (Tribal Sovereign Immunity)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2018.html
State of North Dakota v. Peltier (Child Support – Concurrent Jurisdiction)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature an article about a dispute between Maine tribes and the EPA over water quality rules.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
We feature notices of the Department of the Interior relating to leasing regulations under the Helping Expedite and Advance Responsible Tribal Homeownership Act of 2012 (HEARTH Act) for two tribes.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.6147: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2019.

Federal Court Dismisses Part of Claim against Office of Navajo and Hopi Relocation [possibly the creepiest federal agency name]

Here are the materials so far in Tso v. Office of Navajo and Hopi Relocation (D. Ariz.):

1 complaint

17 motion to dismiss count ii

20 response

23 reply

24 dct order

Stand Up For California v. Dept. of Interior Cert Petition

Here:

sufc cert petition

Questions presented:

1. This case presents the question whether the Secretary may conclude that a casino “would not be detrimental to the surrounding community” despite uncontroverted evidence the casino will have unmitigated detrimental impacts to the community.

2. This case presents the question whether multiple Indians residing on the same reservation are, per se, an “Indian tribe” irrespective of the individual Indianstribal affiliations, if any.

Lower court materials here.

 

North Dakota SCT Asserts Concurrent Jurisdiction over Nonmember Indian Child Support Orders

Here is the opinion in State v. Peltier.

Briefs:

peltier brief

state brief