California Indian Law Association 17th Annual Indian Law Conference & Gala

Sarah M Donnelly

Link: Register

CILA is pleased to announce that its 17th Annual Indian Law Conference & Gala will take place at the Thunder Valley Casino and Resort, 1200 Athens Avenue, Lincoln, California. Attorneys attending the Conference may receive 6.00 Regular MCLE credits.

Agenda at a Glance

Welcome Dinner & Gala
October 12, 2017
6:00 pm – 9:00 pm

6:00 – 6:30 pm Arrival
6:30 pm Dinner Service Begins
6:45 – 7:10 Recognition of 2017 California Bar Foundation Diversity Bar Review Scholarship Recipient ​
7:15 – 7:30 pm Presentation of Outstanding Achievement in California Indian Law Award
9:00 pm Gala Concludes

Conference Panels
October 13, 2017
8:30 am – 5:00 pm

8:30 – 8:50  am Registration and Continental Breakfast

8:50 – 9:00  am Opening Prayer and Welcome

9:00 – 10:15 am Update on California Indian Law Litigation and Legislation
Moderator: TBD
Panelists: [INVITED]Jacob Mejia, Executive Director, Tribal Alliance of Sovereign Indian Nations
                  [INVITED]Seth Davis, Assistant Professor of Law, University of California, Irvine School of Law

10:15 – 10:30 am Break

10:30– 12:00 pm California Gaming Update: The End of the Brown Administration
Moderator: TBD
Panelists: [INVITED]George Forman, Founding Partner, Forman & Associates
                  [INVITED] Joe Dhillon, Senior Advisor for Tribal Negotiations, Office of Governor Brown
                  [INVITED] Loretta Tuell, Shareholder, Greenberg Traurig, LLP

12:00 – 1:00 pm Lunch (provided)

12:15 – 12:45 pm Keynote Address:  Judge Abby Abinanti, Chief Judge, Yurok Tribe

1:15 – 2:30 pm  Tribal Disenrollment and Exclusions: A Discussion of Tribal Interests 
Moderator: [INVITED]Adam Bailey, Associate, Hobbs, Straus, Dean & Walker
Panelists: TBD

2:30 – 3:30 pm CILA Organizational Matters: Board Elections and Other Business

3:30 – 5:00 pm Professional Responsibility – Protecting Your Tribal Clients & Yourself
Moderator: TBD
Panelists: [INVITED]Samuel Kohn, Associate, Dentons LLP
                  TBD

“Tribal Justice” Doc Airing Tonight

Matthew L.M. Fletcher

Here.

Comments from Tribes Needed for AFCARS Data Collection

Kate Fort2 Comments

As we have written about here and here and here, the Automated Foster Care and Adoption Reporting System (AFCARS), currently the only federal source of data on children in foster care, recently added data collection elements for AI/AN kids in care. This means that for the first time, we would have some real data from the states on their ICWA work. This sounds like dry stuff, but it’s really the one major way for us to have aggregate nationwide data on notice/placements/transfer–basically all of ICWA.

Unfortunately, it appears the Administration is trying to change or kill the rule. We received information late (this weekend) that the Administration for Children and Families asked for a “Proposed Information Collection Activity, Comment Request” in June, but it didn’t trigger an alert under our search terms. As such, comments on WHY this is so important are due August 30th. There are a few of us working on comments for tribes, so please contact us or leave a comment if you are interested (I’ll try to post something this week). If you work for a state, and think this is important information to have, or are already collecting it, PLEASE try to submit something in support. The information question presented is:

The Department specifically requests comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information; (c) the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

National Indian Law Library Bulletin (8/18/2017)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/18/17.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed in Town of Aquinnah v. Wampanoag Tribe of Gay Head and Massachusetts v. Wampanoag Tribe of Gay Head (Indian Gaming Regulatory Act – Restrictions imposed by States) on 8/8/17.
Petition for certiorari was filed in French v. Starr (Jurisdiction) on 8/2/17.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Tribal Jurisdiction section, we feature an article about tribal court jurisdiction regarding opioid abuse.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
New horizons in Indian country.
Indigenous Rights of Standing Rock: Federal courts and beyond.
Justice Gorsuch and Federal Indian law.
Unraveling Public Law 280: Better late than never.
Legal developments: Trust in lands in Alaska.
A legal perspective on sliver of a full moon.
Human rights heroes.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature an adopted rule from the Department of Commerce, National Oceanic and Atmospheric Administration, on subsistence taking of northern fur seals on the Pribilof Islands for 2017-2019.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bill was added:
H.R.3650: To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes.

Worth Checking Once in a While from Moyer’s — Interactive Timeline: Everything We Know About Russia and President Trump

Matthew L.M. Fletcher

Here.

Culverts cert petition filed

Ann Tweedy1 Comment

The State of Washington has petitioned for cert. in the Culverts case. The cert. petition is available here.

Kialegee Tribal Town Sues DOI Over Jurisdiction After Muscogee (Creek) Nation Raid

Sarah M Donnelly

Links: Tulsa World coverage

Download(PDF) complaint in the matter of Kialegee Tribal Town v. Zinke et al, 17-cv-01670 (D.C. Circuit August 17, 2017): Doc. 1 – Complaint for Declaratory and Injunctive Relief

Kialegee Tribal Town is arguing the precedence of last week’s Murphy v. Royal like Cherokee Nation is in McKesson v. Hembree.

Cherokee Nation Says Recent 10th Cir. Decision Supports Tribal Court Jurisdiction Over Drugmakers

Sarah M Donnelly

Download(PDF) brief in the matter of McKesson Corp. et al. v. Hembree et al., 17-cv-00323 (D. Okla.):

Links: Previous posts, Murphy v. Royal (10th Cir. Aug. 8, 2017)

Friday Job Announcements

Sarah M Donnelly1 Comment

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

Fond Du Lac Band of Lake Superior Chippewa

Tribal Court Strategic Planning RFP. The consultant will engage with justice system partners in a data-informed planning process and will develop a written tribal court strategic plan that will guide the development of the Fond du Lac Tribal Court. To submit a proposal, send a proposal by e-mail to MiyahDanielson@fdlrez.com or by mail to Miyah Danielson, Executive Director for Tribal Programs, 1720 Big Lake Road, Cloquet, MN 55720. Proposals must be received by 4:30 p.m. central time on Friday, September 1, 2017.

Tribal Court Personal Representative Legal Services RFP. Provide legal representation to personal representatives in tribal court probate proceedings

Oglala Sioux Tribe

Notice is hereby given that the OGLALA SIOUX TRIBE is accepting applications for the positions of:

Administrative Law Judge
Attorney General
Prosecutor (3 positions)
Chief Judge
Ethics Committee (4 positions) & Alternate (2 position)
General Manager – Casino

All positions open until filled. Please call Oglala Sioux Tribe Secretary, Donna Solomon at (605) 867-8468 for further information.

Native American Disability Law Center

Attorney, Farmington or Gallup, N.M. The Law Center provides legal services to Native Americans with disabilities living on or near the Navajo & Hopi reservations.

National Council of Urban Indian Health

Director of Governmental Affairs, Washington D.C. The person in this role should have experience with Capitol Hill, public health, government affairs, grants, and the legislative process as well as a work history with Native American issues and a strong work ethic. This opportunity would be best for someone who has congressional experience and a passion for the betterment of American Indian/Alaska Native healthcare.

Policy Associate, Washington D.C. The person in this role should have experience with Capitol Hill, public health, government affairs, and the federal legislative process as well as a work history with Native American issues and a strong work ethic.

Shoshone-Bannock Tribes

Assistant Prosecutor. This position is for attorneys or advocates with entry to mid-level experience. This position will mainly handle criminal cases, but will involve some juvenile, child support, and child protection matters. Pay is dependent upon experience. Indian and Veteran preference applies. Call or email with any questions. You must turn in an application and all supporting documents by 5:00 p.m. on 25 August 2017 to be eligible for this position. Incomplete applications may be screened out. Telephone calls are not accepted in place of an employment application.

Confederated Tribes of the Colville Reservation

Senior Staff Attorney, Office of the Reservation Attorney. Must have at least five (5) years but preferably ten (10) years of successful experience as a licensed attorney and provide evidence of expertise in issues related to Tribal Government and Policy, Water and/or Natural Resources Law, and/or Tribal Economic Development, and/or Employment Law. Open Until Filled with First Review August 18, 2017.

University of South Dakota School of Law

Tenure-Track Position in Trial Advocacy. Will teach two three-credit sections of the Trial Techniques class most semesters, and in addition, will be responsible for coaching the trial team program. The trial team has a high rate of student participation.

Kalispel Tribe of Indians

Paralegal, Airway Heights, W.A. Assists the assigned attorney with legal issues and concerns involving Tribal Legal Office activities.

Other positions posted recently:

University of Montana Alexander Blewett III School of Law – Natural Resources/Environmental law professor (8/16/17)

Prairie Island Indian Community – RFPs for Appellate Judge, Election Legal Services, and Associate Judge (8/14/17)

Nez Perce Tribe – Public Defender, Chief Judge

Last Friday Jobs Announcement: 8/4/17