Federal Court Rejects Coyote Valley Band Challenge to Highway

Here are the materials in Coyote Valley Band of Pomo Indians of California v. United States Department of Transportation (N.D. Cal.):

118-1 US Motion for Summary Judgment

131 Tribe Motion re Federal Defendants

133 Tribe Motion re State Defendants

138 State Motion

139 US Response

144 Tribe Reply re 131

145 Tribe Reply re 133

146 US Reply

147 State Reply

157 DCT Order

Prior post here.

Friday Job Announcements

Job vacancies are posted on Friday. Additional announcements may appear throughout the week. If you would like your Indian law or leadership job posted on Turtle Talk, please email indigenous@law.msu.edu.

The Tulalip Tribes of Washington

Paralegal, W.A. Provides support to attorneys. Under the direction of an attorney, the paralegal will resolve routine legal issues, complete substantive legal work that requires knowledge of legal concepts, practices, and procedures within a particular field. Researches and analyzes law sources as requested and performs clerical duties as needed.

Central Council of Tlingit and Haida Indian Tribes of Alaska

Court Investigator (RFP), Juneau, A.K. The Tlingit & Haida Tribal Court is soliciting contractual-service proposals for a Court Investigator(s) for cases involving children in the Tribal Court. The Tribal Court will contract with up to three (3) Court Investigators for a one (1) year contact with three (3) one-year Options for a maximum of four years.

Stockbridge-Munsee Community

Appellate Judicial Services (RFP), Bowler, W.I. The Stockbridge-Munsee Community, a federally-recognized Indian tribe, is seeking proposals from qualified firms or individuals to provide judicial services to the Stockbridge-Munsee Court of Appeals for three (3) open judicial positions on the Court of Appeals.  The successful bidder will be expected to participate on a panel of three (3) appellate court judges and preside over appeals of the Stockbridge-Munsee Community Tribal Court. Proposals are due no later than April 10, 2018 by 4:00pmCST.

Department of Justice

Assistant United States Attorney, Albuquerque, N.M. The Albuquerque Office has three vacancies in its Criminal Division. The mission of the office is to represent the Criminal and Civil interests of the United States. The United States Attorney’s Office for the District of New Mexico will enforce the law and defend the interests of the United States, provide Federal leadership in preventing and controlling crime, seek just punishment for those guilty of unlawful behavior, and to administer and enforce the Nation’s laws to ensure fair and impartial administration of justice for all Americans. Applications close on April 9, 2018.

Comanche Nation

Tribal Attorney (RFP), Lawton, O.K. The Comanche Nation is requesting proposals from qualified attorneys or law firms experienced in American Indian Law to provide competent, effective, and timely legal representation. Candidates must be licensed with the Oklahoma Bar Association. Please submit a resume and a proposal demonstrating the capacity and capability of the attorney or law firm to perform the work involved. Proposals must be submitted by April 16, 2018 by 5pm.

National Congress of American Indians

Staff AttorneyWashington D.C. NCAI has an opening for a Staff Attorney in the Washington, D.C. office. Subject areas may include (but are not limited to): tribal sovereignty, the federal trust responsibility, tribal lands, environment and natural resources, public safety, tribal justice systems, juvenile justice, federal agency consultation, taxation, economic development, and other issues of importance to Indian tribal governments. Applicants must have a JD degree and active bar membership, with eligibility for D.C. bar admission. This is a salaried position offering competitive compensation and benefits, with salary based on experience. Applicants should send their resume, a brief writing sample, three references, and a cover letter to Derrick Beetso at dbeetso@ncai.org. Deadline to apply is April 13, 2018.

Confederated Tribes and Bands of the Yakama Nation

Opioid Litigation Attorney (RFP), Toppenish, W.A. The Yakama Nation is requesting proposals for an attorney or firm who can represent the Nation in opioid-related litigation against opioid manufacturers and distributors. Proposals are due April 6, 2018.

Public Defender, Toppenish, W.A. Due to an increased staffing, our office is seeking both a full-time and part-time attorney.  Our attorneys are tasked with representing individuals in many jurisdictions, including state, municipal, and tribal courts.  Both challenging and rewarding, our office works as a team in providing defense in criminal and civil matters.  The positions pay $33.37 per hour with excellent benefits.  Please contact Bevra Jacobson for any questions.

San Juan Southern Paiute Tribe

Tribal Court Judge (RFQ), Tuba City, A.Z. The San Juan Southern Paiute Tribal Court is accepting requests for qualifications for tribal judge. The Judge for the San Juan Southern Paiute Tribal Court is responsible for the fair and impartial administration of justice for all cases and controversies within the jurisdiction of the San Juan Southern Paiute Tribe. The Tribal Judge shall administer all cases and controversies arising in law or equity under the Constitution of the San Juan Southern Paiute Tribe, and may assign cases and other matters to lower courts of special jurisdiction, such as traditional dispute resolution, as the Tribal Council establishes in accordance with the Constitution. Responsibilities will also include establishing and overseeing the administrative operations of the Tribal Court and providing assistance and recommendations to the Tribe to seek out and secure funding to support Tribal Court operations. Additional duties and responsibilities may include the development of Tribal Court rules of procedure, Tribal ordinances and Tribal codes for approval by the Tribal Council.

Leech Lake Band of Ojibwe

Tribal Code Review and Revision (RFP), Cass Lake, M.N. The Leech Lake Tribal Court (LLTC) is engaged in a comprehensive review and update of the Tribes’ Code and Court Rules. The LLTC seeks to contract with a firm or attorney to assist in reviewing and editing the existing Child Welfare and Family Relations portions of the Leech Lake Code and the Leech Lake Rules of Court.  The Court is also seeking recommendations for revision and development of additional codes for the benefit of the Band.  Much of the drafting work can be completed remotely. However, the successful candidate will need to be available to travel to the Leech Lake Reservation in Minnesota as needed to meet with the judges, attorneys and other stakeholders throughout the drafting process. Proposals are due no later than April 20, 2018.

Grand Traverse Bay of Ottawa and Chippewa Indians Tribe

Appellate Judge, Peshawbestown, M.I. The Grand Traverse Band of Ottawa and Chippewa Indians Tribe serves notice to the Tribal Membership and licensed attorneys about a judicial vacancy on the Tribal Appellate Court.  The judicial vacancy on the Tribal Appellate Court may be filled by a Tribal Member or a licensed attorney for the balance of the unexpired six (6) term, due to end on September 30, 2020. Submissions due no later than April 12, 2018.

Last week’s post: March 30, 2018

Florida SCT Referee Recommends Disbarment/10 Year Suspension of Former Miccosukee Attorneys

Here are the materials in the case captioned The Florida Bar v. Roman:

2016-1330_petition_64801

2016-1330_response_46990

2016-1330_response_50119_response [to notice of bankruptcy]

201803281753 – report of referee (roman)

And in The Florida Bar v. Herrera:

2016-1323_petition_64792

2016-1323_response_47012

201803281750 – report of referee (herrera)

New Scholarship from Grant Christensen: “A View from American Courts: The Year in Indian Law 2017”

On SSRN, here.

Abstract:

This paper summarizes the topics and trends in Indian law confronted by courts in 2017. Designed as an update that will be useful to practitioners as well as scholars, the paper breaks the discussion down into more than forty topics and subtopics. For this paper I tracked and read all 646 judicial opinions issued by state and federal courts that squarely decided questions of federal Indian law. From those cases I have distilled this update. Ideally the first in an annual collection. 

The paper includes an empirical discussion of Indian law looking at which circuits and districts are presented with the most Indian law questions. It also examines what topics receive the most coverage providing a summary of more than 200 ICWA opinions as well as capturing obscure topics like the 4 cases decided on the Navajo-Hopi Rehabilitation Act. It captures important moments in Indian law like Justice Thomas dissenting from denial of cert. in a land into trust case but also highlights the return of Leonard Peltier to federal court. 

I hope the user finds this comprehensive update a useful survey of Indian law in 2017.

Federal Court Holds Burt Lake Band of Ottawa Indians Has Standing to Challenge 2015 Federal Acknowledgment Regs

Here is the order in Burt Lake Band of Ottawa and Chippewa Indians v. Zinke (D.D.C.):

20 DCT Order

Briefs here.

Here are some details on this as yet non-recognized tribe:

New Scholarship on the Burt Lake Burn-Out

Northern Express Article on the Burt Lake Burnout and Burt Lake Band

Mackinac Journal: “‘A Bitter Memory’ — The Burt Lake Burn-out of 1900”

Investigate/West & The Nation News Profile: “RECKONING WITH THE ‘NATIVE HARVEY WEINSTEINS’”

From Rebecca Clarren and Jason Begay, here.

NAICJA Save the Date (Oct. 16-19) and Call for Papers (Due April 20)

One of my favorite conferences of the year–and I always offer to do an ICWA/transfer to tribal court case law update!

RFP for Presentations- 2018 NAICJA Conference – DUE APRIL 20th!

Another Update on Cayuga Leadership Dispute

Here are the new materials in Cayuga Nation v. Zinke (D.D.C.):

40 DCT Order on 16

42 DCT Order on 22

Prior post here.

Oglala Sioux Tribe Resolution Demanding BLM Consultation re: Converse County Oil and Gas Project (Wyo.)

Here:

1980_001 (2) (1)

The tribe’s press release:

OST PRESS RELEASE ON CONVERSE COUNTY OIL GAS PROJECT (3-27-18) (1)

UPDATE (4/11/2018):

FINAL AGENDA FOR GOVERNMENT-TO-GOVERNMENT CONSULTATIOS (4-9-18).2

 

Navajo Nation Files Complaint Against US DOJ & City of Winslow Re Shooting Death of Loreal Tsingine

Here are the materials in Navajo Nation v. Sessions (D. Ariz.):

2018.3.27 – Complaint in Navajo Nation v Sessions – As Filed

2018.3.28 – PR Re Navajo Nation Files Complaint Re Shooting Death of Loreal Tsingine – FINAL