Here are the materials in Ute Indian Tribe v. Lawrence (D. Utah):
95 becker opposition to emergency motion
Tenth Circuit materials here.
Arizona Pro Hac Vice for ICWA Attorneys: UPDATE
COMMENTS NEEDED for this rule change–go HERE.
Previous post with questions here. Proposed changes here.
Here’s the clarification–the proposed rule change provides TWO options for out of state attorneys in Arizona ICWA cases:
The first is the change to Rule 38, which requires the course (online, about 6 hours, available here). That rule is for the out of state attorneys who contemplate being involved in a number of ICWA cases in AZ over a two year period (say you’re a tribe that divides up your ICWA cases and responsibilities by region, FOR EXAMPLE).
The second change is to Rule 39 and is for attorneys that have an immediate need and/or the rare case in AZ and only plans on appearing for that case. The course is not required for a Rule 39 exception.
This is a really interesting model. Out of state tribal ICWA attorneys are STRONGLY encouraged to file comments explaining your need for special practice rules, and any suggested changes you think might improve the rules.
Thank you to everyone who helped explain Arizona practice, the UBE, and the distinction to between the rules.
The Guardian: “The US government should cede territory back to Native Americans”
Here.
Boston Globe Profile of Dawnland Doc
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.
Department of Interior
Attorney-Adviser, Office of the Solicitor, Phoenix. A.Z. The Office of the Solicitor is seeking an Attorney-Adviser to provide legal counsel and representation for the Western Region of the Bureau of Indian Affairs, analyze complex legal issues and provide advice on a broad range of legal issues affecting bureaus within the department, including the Bureau of Indian Affairs, handle all phases of administrative litigation, draft litigation reports and provide other legal support, and handle general law matters. This position pays $74,872 to $136,771 per year, and applications close on May 4, 2018.
Sonosky, Chambers
Summer Associate, Washington D.C. Sonosky, Chambers, Sachse, Endreson, & Perry LLP is a national law firm dedicated to representing Native American interests in a wide range of endeavors including trial and appellate litigation, federal Indian law, tribal law, Indian self-determination and self-governance matters, transportation and infrastructure, natural resources, and economic development, among others. The firm’s practice includes representation of tribal interests in federal, tribal and state courts, and before Congress, state legislatures, and federal and state agencies. Sonosky, Chambers is recruiting 2L students for 2019 summer associate positions. Interested applicants should see the job announcement linked above for more information. Applications close on August 31, 2018.
Pechanga Band of Luiseño Indians
Associate General Counsel, Temecula, C.A. The Associate General Counsel will work in the Office of the General Counsel under the direct supervision of the General Counsel for the Pechanga Band of Luiseño Indians. The Associate General Counsel will work with the General Counsel and Deputy General Counsel to provide legal services, representation and advice on legal issues confronting the Tribal Government, its entities and enterprises; provide guidance and assistance to Tribal Government departments; and provide limited service to tribal members in matters relating to tribal status. Please see the job announcement for more information and how to apply.
Water Protector Legal Collective
Strategic Planning, Mandan, N.D. The Water Protector Legal Collective (WPLC) is seeking proposals from professional qualified consultants to provide services to WPLC for the development of a three to five year strategic plan. All proposals should clearly define how they will work with WPLC to assist in a comprehensive, participatory planning process. Applications close on May 4, 2018. Please see the job announcement for more information and how to apply.
National Congress of American Indians
Project Attorney, Washington, D.C. The National Congress of American Indians has an opening for a Project Attorney in the Washington, DC office. The Project Attorney will have responsibility for day to day management of NCAI’s VAWA implementation technical assistance project. This project is focused on supporting tribes as they implement Special Domestic Violence Criminal Jurisdiction pursuant to the Violence Against Women Act of 2013. The Project Attorney will work closely with senior NCAI staff assigned to the project, with an inter-tribal working group of tribal stakeholders, and with other project partners. Applications close on May 31, 2018. Please see the website for more information and how to apply.
Swinomish Indian Tribal Community
Staff Attorney, Swinomish Village, W.A. The Swinomish Indian Tribal Community is seeking a Staff Attorney to provide legal advice and representation, document drafting and collaboration with a wide range of Swinomish Indian Tribal Community policy committees, departments and entities. Work may include contract preparation, drafting ordinances and policies, treaty hunting/fishing rights and management, environmental protection and habitat restoration, land management, Indian gaming and gaming regulation, housing and utilities, health care and/or social welfare programs, employment or taxation. Qualified applicants must be licensed, or have the ability to become licensed within six months, to practice in Washington. We are seeking an energetic attorney, preferably with at least three years of experience, with excellent written, oral, research and analytical skills, strong interpersonal communication and negotiation skills, and an ability to work hard and thrive in an interdisciplinary and cross-cultural environment; bring flexibility to a fast-paced and dynamic work setting; enjoy and excel at creative problem solving; have demonstrated a commitment to working with Native or other minority communities and/or restorative justice; and a commitment to reside on or near the Swinomish Reservation.
Qualified applicants must have experience or demonstrated expertise in one or more of the following: drafting and negotiating contracts; drafting statutes, policies and procedures; litigation, preferably in Federal Court; representing public or private entities; gaming regulation or operations; and Indian law, including protection of treaty rights, as well as expertise in several of the substantive fields of law listed above. Compensation DOE. For application and complete job description please provide your contact information to Wendy Otto, 11404 Moorage Way, LaConner, WA 98257; (fax) 360-466-5309; email wotto@swinomish.nsn.us. Applications will be accepted until suitable candidate is found. Native American hiring preferences under Swinomish Tribal Code 14-01.120 will be in effect during the selection of candidates. Applicants must pass a background check and a drug test.
Department of Justice
Assistant United States Attorney, Anchorage, A.K. The Anchorage Office is seeking two (2) AUSAs to work in its Criminal Division. The successful candidate primarily will be responsible for handling the investigation and prosecution of federal crimes. This will include prosecuting a wide range of cases such as firearms offenses, drug crimes, child exploitation and other violent crimes, fraud, embezzlement and other white collar crimes. In addition, the candidate may also be called upon to assist in the prosecution of a wide variety of other criminal cases as needed to address the districts priorities. Assistant United States Attorneys work their cases from inception through appeal, and thus, in addition to district court work, the successful candidate will be responsible for drafting appellate briefs and presenting oral arguments. This position pays $72,987 to $164,100 per year, and applications close on May 9, 2018. Please see the website for more information.
Last Week’s Post: April 20, 2018.
Federal Magistrate Recommends Granting ICRA Habeas Petition of Kewa Pueblo Prisoner [Van Pelt III]
Here are the materials in Van Pelt III v. Geisen (D.N.M.):
Federal Magistrate Recommends Granting ICRA Habeas Petition of Kewa Pueblo Prisoner [Tortalita]
Here are the materials in Tortalita v. Geisen (D.N.M.):
Federal Magistrate Recommends Granting ICRA Habeas Petition of Kewa Pueblo Prisoner [Garcia]
Here are the materials in Garcia v. Geisen (D.N.M.):
ILADA Blog [McGill Law]: Seasonal Thematic Contributions by Indigenous Legal Scholars
Here:
Season 1: Law Through Language (2018)
Our first season focuses on language as law: within the context of language revitalization, how do Indigenous laws pronounce themselves through language? How can Indigenous laws be strengthened, given the impact of colonialism on Indigenous languages? And can the changes required to revitalize—funds, experts, and the privileging of resources—create additional inequities? This season seeks to answer these questions among others.
This season aims first and foremost to address the crucial relationship between language and law: in particular, the role Indigenous languages play in articulating Indigenous laws. Writing about the Navajo people, Anishinaabe scholar Matthew Fletcher emphasizes, “for many tribal communities, the law is encoded right into the language – and the stories generated from the language.”1 Because most Indigenous communities historically expressed (and continually express) their customs and laws orally, this statement applies to Indigenous groups broadly.2 This season features contributors who explore expressions of law and answer questions about how language deepens and complicates protocols, interpretations and worldviews.
We recognize inherent challenges in this exercise: communities experience “law” in different forms and may not identify practices and behaviours as law in the same way that they are identified in Western legal normativity. What one group claims as “law” may be something entirely different to another; and not everything is translatable into English or French—nor should it be. As John Borrows stated, “context should not be stripped from the practice of Indigenous law.”3 Often, that context is language. Our contributors this season help to tease out how Indigenous languages limit and liberate, stymie and enable, and generally complicate the articulation of Indigenous law.
The State of Canada’s Indigenous Languages by Katsi’tsakwas Ellen Gabriel
Indonaakonigewininaan – Toward an Anishinaabe Common Law by Matthew L.M. Fletcher
Language and Anishinaabe Consultation Law by John Borrows
1 Matthew Fletcher, “Rethinking Customary Law in Tribal Court Jurisprudence” (2007) 13 Mich J Race & L 57 at 21.
2 Ibid at 41, “Indian cultures (often) were and are oral cultures.”
3 Borrows, John, “Foreword: Indigenous Law, Lands, and Literature,” (2016) 33 Windsor YB Access to Just v at ix.
The Hill: BIA Director Resigns
Here.
Turtle Talk 
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