Here:
judiciary-dems-final-judges-report-5.10.18-
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.
Keweenaw Bay Indian Community (Repost)
Assistant Tribal Attorney, Baraga, M.I. The Keweeenaw Bay Indian Community is seeking an Assistant Tribal Attorney to assist the Prosecutor and perform general in-house duties as needed, along with other legal duties. Position is open until filled. Please see the announcement for more information and how to apply.
Earthjustice
Associate Attorney, Bozeman, M.T. The Northern Rockies office of Earthjustice has an opening for an Associate Attorney to begin work no later than the summer of 2018. The associate attorney would joint Earthjustice’s team in:
For more information, please visit the website.
Seneca Gaming Authority
Chief Counsel, Niagra Falls, N.Y. Under limited supervision of the SGA Chairperson, responsible for directing, managing, and monitoring all legal services for SGA to ensure maximum protection of its legal rights and to maintain its operations within the limits prescribed by law. Provides strategic guidance, consultation, and support to senior management and the Commission on a comprehensive range of legal and associated issues involved in implementing the strategic mission, goals and objectives of SGA and all entities in accordance with applicable tribal, state, and federal gaming regulations. Maintains strict confidentiality of privileged information. Pay Negotiable with great benefits. Please see the job announcement for more information.
Stillaguamish Tribe of Indians
Executive Director, Arlington, W.A. The Stillaguamish Tribe of Indians is seeking a skilled, seasoned and people-first administrator for the position of Executive Director. The position is located in Arlington, Washington in the beautiful Pacific Northwest. Under the direction of the Stillaguamish Board of Directors, the Executive Director (ED) is responsible for articulating the policies and strategic vision of the Board to the Tribe’s organizational components. The ED and the Chief Operating Officer (COO) have authority and responsibility to implement the legislative actions and annual budgets as approved and directed by the Board of Directors, and the ED will represent the Tribe with external partners and stakeholders in local, state and federal sectors. Position close date is May 23, 2018. The full job announcement can be found at this link: http://www.stillaguamish.com/ceo.asp
Yakama Nation
Attorney II, Office of the Public Defender, Toppenish, W.A. Since Retrocession with increased caseloads, Tribal Council has increased the staffing in our program. We currently have two (2) full-time attorneys and a .6FTE part-time attorney position open. Our attorneys are assigned to represent Tribal members in criminal, dependency, juvenile, and some civil matters in both Tribal Courts and outside jurisdictions. Starting salary is $33.37 per hour with excellent benefits. The Yakama Nation application process is on the website – and please contact Bevra Jacobson if you have questions the requirements for application.
Legal Aid Services of Oregon
Native American Program Director, Native American Program (NAPOLS), Portland, O.R. LASO is a non-profit organization that represents low-income clients in civil cases. LASO’s eight regional offices serve the general low-income population throughout the state and two specialized statewide programs provide services to farmworkers and representation on Native American issues. LASO is an effective, high-quality legal services program committed to advocacy strategies that will have a demonstrable effect on community problems. NAPOLS assists income-eligible Indian tribes, Native organizations, and individual tribal members, including with cases related to tribal sovereignty and self-governance, estate planning and trust resources, access to benefits, expungement of criminal records, and tribal court cases. NAPOLS also offers community education on a wide range of legal issues. NAPOLS is currently staffed by a Program Director, two staff attorneys, and a paralegal.
Leger Law & Strategy, LLC
Associate Attorney, Santa Fe, N.M. Leger Law & Strategy, LLC, based in Santa Fe, seeks a full-time associate attorney. Applicants must have excellent writing skills, attention to detail, and a clerkship or minimum of 2-3 years legal experience. Indian law experience is preferred, but will consider dynamic lawyers with transferable skills. Leger Law & Strategy provides general counsel* representation to Indian tribes and tribal businesses, and represents non-profit and other organizations on social justice issues. *(Transactional, litigation and governance matters). We offer competitive pay, excellent benefits, and a retirement plan.
To apply, please submit: (1) a cover letter describing your interest in and qualifications for the position, (2) a resume, (3) a legal writing sample, (4) a list of references, and (5) a law school transcript by email to sue@legerlawandstrategy.com. No telephone calls please.
Choctaw Nation of Oklahoma
Grant Coordinator, Durant, O.K. The Grant Coordinator interacts with program and administrative staff to provide guidance and support in the identification and development of grants and post-award grant management in order to enhance successful implementation and compliance. For more information, please visit the website.
Galanda Broadman
Administrative-Litigation Assistant. Galanda Broadman, PLLC, an Indian Country Law Firm with offices in Seattle and Yakima, Washington, and Bend, Oregon, seeks to add an administrative/litigation assistant to its growing tribal practice to its Seattle office.
Galanda Broadman is an American Indian owned firm dedicated to advancing tribal and tribal citizen legal rights, and Indian business interests. The firm represents tribal governments, businesses and citizens in critical litigation, business and regulatory matters, especially in the areas of Indian Treaty rights, tribal sovereignty, land rights, cultural property protection, taxation, commerce, gaming, serious/catastrophic personal injury, wrongful death, disenrollment defense, and indigenous human/civil rights.
The firm seeks a part-time law or pre-law student who is deeply interested in advocating for Indian interests, and who is bright, skilled, has excellent attention to detail, and is able to work on multiple projects simultaneously to completion. Tremendous work ethic and verbal, writing, and research skills are required. Needed during morning hours, for a total of 10 to 20 hours per week. Please see the announcement for more information.
Pueblo of Sandia
Paralegal, Albuquerque, N.M. The Pueblo of Sandia offers an opportunity for an experienced, detail-oriented Paralegal to join the General Counsel Office. Prior experience with Tribal governments and Indian law is preferred. Under the general supervision and according to established policies and procedures, the successful candidate will perform a variety of paralegal duties to assist the In-House General Counsel in providing a diverse range of legal services to the Pueblo and its commercial enterprises. Please see Sandia Resort & Casino’s website for a detailed description of the job duties and qualifications @ sandiacasino.com/careers.
Last week’s post: May 4, 2018.
Here is the letter, along with the report:
This is a big deal. Chi-miigwetch to Joe Gone and John Petoskey for leading the way.
Here.
Appellant M.D. (Father) challenges the Thirteenth Judicial District Court’s decision to terminate his parental rights to his minor child, A.L.D. Father contends that the State of Montana’s Department of Public Health and Human Services (Department) did not provide the active efforts required under 25 U.S.C. § 1912(d) to prevent the breakup of an Indian family; that A.L.D. was placed in a foster home in violation of the placement preferences set forth in 25 U.S.C. § 1915; and that Father’s attorney provided ineffective assistance of counsel. We affirm.
Briefs:
Appellant Brief
Here.
in Chinook Indian Nation v. Zinke (W.D. Wash.):
Complaint here.
Grant Christensen has posted “Civil Rights Notes: American Indians and Banishment, Jury Trials, and the Doctrine of Lenity,” forthcoming in the William & Mary Bill of Rights Journal.
The syllabus:
Indian defendants appearing before tribal courts are not protected by the Bill of Rights. Instead, Congress enacted the Indian Civil Rights Act in 1968 to extend some, but not all, constitutional protections unto Indian reservations. Fifty years later and there continues to be extensive litigation surrounding ICRA.
This paper looks at all of the ICRA cases decided in 2017 to attempt to evaluate the merits of ICRA’s protections of tribal rights. The picture is decidedly mixed. From these cases the paper calls for three changes that directly respond to trends in civil rights litigation. 1) The paper suggests that courts expand the understanding of habeas jurisdiction to extend when an individual has been banished. It argues that banishment is a form of confinement and a restriction of liberty – albeit one where the jail cell is large, essentially the world minus the reservation. 2) Tribes must adopt codes that provide for a trial by jury and rules for determining who constitutes the jury and how it may be empaneled. While ICRA provides for a trial by jury, tribal courts have an affirmative duty to inform defendants of their right to request a jury trial. It is a violation of ICRA if the tribe does not make provisions for a jury when requested. 3) Finally tribal court judgments, when used in other forums, may be ambiguous because tribal law and tribal procedures are distinct from those followed by states or the federal system. Accordingly, any ambiguity that arises in response to a tribal court judgment should be resolved with a reference to the doctrine of lenity.
Here.
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