SCOTUS Denies Cert in Navajo Tribal Court Jurisdiction & Wampanoag Gaming Matters; Issues CVSG in Crow Hunting Case

Here is today’s order list.

The Court denied cert in Window Rock Unified School District v. Reeves (cert materials here); Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (cert petition here); and Red Bear v. SESDAC (lower court decision here).

The Court called for the views of the Solicitor General in Herrera v. Wyoming (cert stage materials here).

Today’s Supreme Court order list

Here. Highlights are that there has been no decision on cert. in the Culverts case and that the Wampanoag’s First Circuit gaming win will remain in place.

Desert Southwest Voting Rights Hearing

Link: Flyer(PDF)

Thursday, January 11, 2018 | 8:15 a.m. – 5:00 p.m.
ASU College of Law | Great Hall | 111 E Taylor St | Phoenix, AZ 85004
Regional Chair: Maria Dadgar, Inter Tribal Council of Arizona Executive Director

FREE AND OPEN TO THE PUBLIC
Register to attend or submit testimony: vote@narf.org

TELL YOUR STORY ABOUT VOTING IN NON-TRIBAL ELECTIONS
We want to hear about your experience in voter registration and voting in federal, state, and local (non-tribal) elections. Issues to be addressed include whether Native voters have opportunities in their communities that are equal to those of non-Natives or if they experience discrimination in:

• Location of voter registration
• Location of in-person voting
• Voter identification requirements
• Vote-by-mail
• Early voting
• Poll worker opportunities
• Redistricting
• Treatment at the polls
• Language barriers
• Other discrimination

Witnesses will include tribal leaders, advocates, and voters. If you would like to testify or want more information, please contact Patty Ferguson-Bohnee at indianlegalclinic@asu.edu.

VOTING RIGHTS IN INDIAN COUNTRY
The Native American Voting Rights Coalition is an alliance of national and grassroots organizations, scholars, and activists advocating for equal access for Native Americans to the political process. It is holding field hearings throughout Indian Country to document barriers to registration and voting in non-tribal elections. Information from the hearings will help promote public education, identify policy solutions, and advance other legal remedies to expand Native access to voting.

WSJ: “Trump Nominee to Lead Indian Health Services Faces Claims of Misrepresentation”

Here.

Friday Job Announcements

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

Santo Domingo Tribal Housing Authority

Executive Director, Santo Domingo Pueblo, N.M. Administers and manages all affordable housing programs for the Santo Domingo Tribal Housing Authority (SDTHA), including programs funded by the U.S. Department of Housing and Urban Development (HUD), the Bureau of Indian Affairs Home Improvement Program, the New Mexico Mortgage Finance Authority, and through the Internal Revenue Service Low-Income Housing Tax Credit program. Inquiries about the job application or position and a request for a complete job announcement should be directed to Timothy Humphrey, Stetson Law Offices, P.C., by contacting him at (505) 256-4911 or at tjh@stetsonlaw.com. The applicant shall submit a letter of application and a resume that includes at least three (3) housing-related references.  All applications must be received at Stetson Law Offices, PC, Attn: Timothy Humphrey, 1305 Rio Grande Blvd. NW, Albuquerque, New Mexico 87104, no later than 5:00 p.m., January 5, 2018.  Applications not received by that time and date may be rejected. SDTHA reserves the right to reject any and all applications and to waive any and all deficiencies.

Penobscot Nation

Deputy Court Clerk, Indian Island, M.E. Performs a variety of administrative duties to process and manage the caseload of the Penobscot Nation Tribal Court and Appellate Court. Provide customer service to potential court users, litigants, judicial officers, attorneys, tribal government leaders, departmental personnel and the general public. Closes January 29, 2018.

Mescalero Apache Tribe

Public Defender, Mescalero, N.M. Represents individuals subject to any criminal complaint filed in the Mescalero Apache Tribal Court.  Works with the Chief Prosecutor’s Office to resolve criminal cases by deferred prosecution for treatment, counseling, family therapy or other options, or plea agreement or trial or sentencing and/or appeal.

Tohono O’odham Nation

The Tohono O’odham Office of Attorney General is hiring three (3) Assistant Attorneys Generals and the Prosecutor’s Office is hiring two (2) Prosecuting Attorneys.  The Office of Attorney General represents the interests of the Tohono O’odham Nation in tribal, state, and federal venues.  Attorneys enjoy a diverse practice, face challenging jurisdictional issues, and protect tribal sovereignty. While you must have at least 1 year of legal experience, the  first year of experience does not need to be as a licensed attorney and can be gained while working in legal fields. Starting salaries for each classification are as follows:

Assistant Attorney General I (1-3 Years of Experience) – $85,982.00
Assistant Attorney General II (3-6 Years of Experience) – $104,761.00
Assistant Attorney General III (6-8 Years of Experience) – $124,528.00
Assistant Attorney General IV (8+ Years of Experience) – $144,414.00
Assistant Chief Prosecutor (3 Years of Experience) – $92,594.00
Assistant/Juvenile Prosecutor (1 Year of Experience) – $72,333.00

The Nation offers generous benefits including paid holidays, employer funded retirement plan, sick and annual leave, and low cost medical, dental, and vision insurance. Requirements include an active Arizona State Bar license, or a license in another state and Arizona licensing within 18 months of employment.  A valid Arizona driver’s license is also required, along with consent to have your driving record checked periodically.  Applicants who are citizens or members of federally recognized tribes are preferred.

For more information, go to Tohono O’odham Nation Human Resources website at http://www.tonation-nsn.gov/employment/. Applicants must also pass a background check.  Send a letter of interest, resume, and contact information for your last three employers to the Office of Attorney General Eunice.Grana@tonation-nsn.gov.

Comanche Nation

Prosecutor(RFP), Lawton, O.K. Full copies of the Request for Proposal can be obtained through the Comanche Nation website: http://www.comanchenation.com. Deadline for submission is January 11, 2018 at 4:00pm CST. Proposals should be submitted in PDF format via email: shannonn@comanchenation.com. Sealed proposals will be received in person at Comanche Nation Administration Building, 584 NW Bingo Rd., Lawton, OK 73502 Attention: Grants Department.

Dakota Plains Legal Services

Managing Attorneys(2), Pine Ridge and Fort Thompson, S.D. The Pine Ridge office serves the Pine Ridge Indian Reservation in South Dakota and Oglala Lakota, Jackson and Bennett counties in South Dakota. The Fort Thompson office serves the Crow Creek and Lower Brule Indian Reservations in South Dakota and Brule, Buffalo, Hughes, Hyde, Lyman, Stanley and Sully counties in South Dakota.

Applicants must have a JD degree and be licensed to practice, or by reciprocity be able to obtain a license to practice, in South Dakota, or be qualified to take the next South Dakota Bar Exam; must be a bright, motivated, self-starter; must have the tenacity to assume immediate practice responsibilities, including handling a significant caseload touching on many different areas of law with regular appearances in court; must demonstrate an interest in poverty law and working with Native American and low income clients.  Applicant must have at least one year’s experience in the practice of poverty law or Indian law, with trial and appellate experience in state and federal courts or two years’ experience in the general practice of law.  If Applicant does not possess this experience we would consider Applicant for a staff attorney position until qualified to be a Managing Attorney. Salary is competitive, depending on experience.  DPLS has an excellent fringe benefits package including generous leave benefits and employee insurance coverage (medical, dental, life, disability). Please submit a letter of interest and resume to: John J. Buchy, Executive Director, Dakota Plains Legal Services, PO Box 727, Mission, SD 57555, (605) 856-4444, dpls1@gwtc.net.

Native Americans, Women and Minorities are encouraged to apply.  Dakota Plains Legal Services is an Equal Opportunity Employer.

Barnhouse Keegan Solimon & West LLP

Transactional Attorney, Albuquerque, N.M. law firm focusing on representation of Native American Tribes and tribal businesses is seeking an associate attorney with four plus years’ experience working as a transactional lawyer.  Federal Indian law experience is a plus but is not required.  Please submit a cover letter, resume and three references to Barnhouse Keegan Solimon & West LLP at lvera@indiancountrylaw.com.

Yakama Nation

Attorney II, Office of Public Defender, Toppenish, W.A. Serves as attorney for the Yakama Nation Public Defender Office and is responsible for providing professional legal representation and advice to Tribal member clients in Tribal, 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 of 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, analysis and preparation of accepted cases, motions, hearings, trials and appeals. The attorney may be appointed by the court(s) as a Guardian Ad Litem in custody matters. Applications may be made to the Yakama Nation Human Resources Department at the Yakama Nation website. Closes January 17, 2017. UPDATE 1/23/18: Now open until February 5, 2018.

DNA-People’s Legal Services

All vacancies as of January 2018, multiple locations, A.Z. Attorneys represent clients in federal, state, and tribal courts, and before administrative agencies. Representation encompasses a wide range of civil matters, including domestic relations, public benefits, consumer problems, civil rights, land disputes, and for Hopi Public Defenders office they represent criminal cases.

Native American Legal Aid Program

Paralegal, Tacoma, W.A. The Native American Legal Aid Program is a project of the Tacoma-Pierce County Bar Foundation. Funded by the Puyallup Tribe of Indians, this Program utilizes the resources of the Tacoma-Pierce County Bar Association’s Volunteer Legal Services Program and other legal services providers to provide civil legal services that help meet the specific and unique needs of Native Americans in our community, including the needs of Puyallup Tribal Members, Alaska Natives and First Nations People. Staff working in this program are employees of the Tacoma-Pierce County Bar Association. To be considered for this position, please submit BY E-MAIL ONLY a letter of interest, resume, and 3 professional references by the application deadline to Laurie Davenport, Tacoma-Pierce County Bar Association Volunteer Legal Services Program Director, at vls@tacomaprobono.org.

Michigan Advocacy Program

2018 Summer Law Clerks, multiple locations, M.I. Law clerks work under the supervision of our staff attorneys on all aspects of our work. Depending on the office, a law clerk’s work may include conducting client interviews, drafting pleadings, legal research, appearing in court hearings under the Michigan student practice rule, assessing legal problems, conveying legal advice through oral and written communication, conducting outreach to migrant labor camps, conducting educational seminars for clients and migrant agency staff, legal research and writing related to individual cases and broader policy issues, legislative tracking and analysis, other systemic advocacy projects in one or more poverty law areas (housing, public benefits, consumer, foreclosure, and family law), MLH content development and maintenance, and assisting with staffing LiveHelp.

Other jobs recently posted:

Attorney, Gila River Indian Community (1/2/2018).

Chief Executive Officer, Iowa Tribe of Kansas and Nebraska (1/2/2018).

Family Court Judge, Oneida Nation, now open until January 8, 2018 (12/15/2017).

Previous Friday Job Announcements: 12/15/2017

Federal Court Denies Immunity to Lac Vieux Desert Band’s Sovereign Lending Solutions Employee

Here are the materials in the matter of Pennachietti v. Mansfield, 17-cv-02582 (E. Penn. Dec. 11, 2017):

Link to deja vu suit.

NARF: “Trump’s Voter Fraud Commission Not Gone, Just Gone Underground”

Here:

January 4, 2018 (Boulder, CO) – Last night, the President dissolved the ironically named Election Integrity Commission. This misguided effort was tasked with fruitlessly searching for evidence of voter fraud, which study after study shows is so rare that it’s nearly nonexistent. The Commission was a solution in search of a problem.  It also was beset by ongoing problems, such as being sued by its own members for failing to share critical information.

Given this, it was no surprise that the Commission was disbanded, but, make no mistake, this is no victory for voting rights advocates.  This change simply removes the Commission’s dangerous work from public scrutiny. The original Commission fell under the Federal Advisory Committee Act and was required to make certain information public.  (This was the basis of several of the lawsuits.) Now, however, the Commission’s press office announced it will turn its findings and work over to the Department of Homeland Security (DHS). This move means the fruitless work of searching for nonexistent voter fraud will continue under the protective rules of DHS and, more importantly, it is now the DHS that will issue any recommendations. So the Commission’s work continues, only now you won’t know what they are up to. NARF Staff Attorney Natalie Landreth promises, “NARF will be closely following the DHS work on ‘voter fraud,’ which inevitably will turn into recommendations for voter suppression.”

Protecting the voting rights of American Indians and Alaska Natives is one of NARF’s core areas of advocacy.  We currently represent Native Americans in North Dakota that have been disenfranchised by North Dakota’s discriminatory voter ID laws.  NARF also leads the Native American Voting Rights Coalition, a large group of organizations and individuals working together to protect voting rights across the country.

Navajo Nation v. San Juan County Updated Materials

Here:

441 – memorandum decision and order

441 – memorandum decision and order – exA

441 – memorandum decision and order – exB

441 – memorandum decision and order – exC

Article: White Earth Combating the Opioid Epidemic

Great article highlighting the work that the White Earth Nation is doing to combat the opioid epidemic and its impact on the community.

From the article:

“From rescue to long-term sobriety support, White Earth offers some of the best, most evidence-based, most effective, cutting-edge, and compassionate care in the multi-state region,” said Carson Gardner, a doctor with the White Earth Tribal Health Department. “Many of our programs are considered model pilot programs by state agency leaders. White Earth was recently invited to the National Senate Indian Affairs Committee to talk about what we’ve done around opioid treatment. One of the most important things that can happen is to stop being paternalistic and thinking tribes don’t have the capacity or ability to do it best.” . . .

So how are the needs of tribal communities in Minnesota different from non-native communities? “Native Americans in Minnesota have overdose rates five times that of whites,” Dr. Gardner said. “Our people have been in and out of external (non-native) treatment programs unsuccessfully. By operating our own treatment programs we can base curriculum, activities, and way of life on our culture.”

Culture is everything, he added. When treatment programs for Native American people are based on their culture, “you are then getting to the heart of healing. Substance abuse and mental health counseling is treating symptoms, but providing culturally-based ceremonies and activities is healing — and that is where we see the old ‘using’ spirit leaving people, and the good healthy spirit returning in people…”

Tribes face unique challenges, he added: They are dealing with multi-generational historical trauma, including loss of land and independence. They are struggling to preserve historical language, culture, and spirituality. They have to cope with too many untimely deaths, health disparities, and child welfare system disparities, as well as court system sentencing and incarceration disparities, Dr. Gardner said.

The treatment success rate for natives goes up when non-native staff become culturally competent, he added.

That means recognizing that the Anishinaabe way of life is a good way of life and learning about what that means, he said.

“Learn the stories, learn about ceremonies. Recognize that the addiction spirit in people is not the Anishinaabe way,” he said. “Respecting that, honoring it, promoting it.

One of the programs not specifically highlighted in the article, but getting a lot of attention for the success it is having is Maternal Outreach and Mitigation Services (MOMS Program), which is focused on providing holistic services for pregnant women in a supportive environment to deal with the medical and emotional problems caused by addictions to drugs such as prescription opiates and heroin. More information on the MOMS Program can be found here

The full article is available here.

NYTs Profile of Indian Country Voting Rights Litigation

A must read!

Here is “For Native Americans, a ‘Historic Moment’ on the Path to Power at the Ballot Box.”