Turtle Talk

This lawsuit challenged the sections of the Oklahoma state ICWA statute (OICWA) concerning notice and intervention of tribes in voluntary proceedings. This case was first filed back in the summer of 2015. On March 31st, the Court agreed with Cherokee Nation’s most recent motion to dismiss as moot. All documents are here.

This means that of the federal lawsuits filed in the summer of 2015, only one currently survives (the sister suit to this one in Minnesota). It also means we have not received an adverse decision in any of them. This is great news, and a testament to the work of the tribal, federal, and state attorneys who had to defend against these suits.

However, it is also true that the Goldwater Institute has inserted itself into a growing number of state ICWA cases, and those cases are multiplying rapidly at the state level. The stated end goal of the Institute–to have ICWA found unconstitutional–remains, and they have not stopped working towards it.

We will be giving case status updates at both NICWA (Matt Newman, NARF) and the Federal Bar conference (Kate Fort) this year.

NYTs Profile of Energy Tribes and Trump Administration

April 2, 2017Matthew L.M. Fletcher1 Comment

Here is “Tribes That Live Off Coal Hold Tight to Trump’s Promises,”

Trump Administration Returns Indian Affairs Offices to Defense Department

March 31, 2017Matthew L.M. Fletcher4 Comments

News coverage here.

Friday Job Announcements

March 31, 2017Sarah 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.

Muscogee (Creek) Nation

Assistant Attorney General/Prosecutor in Okmulgee, OK. Will assist in the prosecution of criminal, juvenile and elder cases and matters on behalf of the Muscogee (Creek) Nation (MCN), provide legal advice and counsel to various departments and agencies of the MCN; negotiation, review & drafting of contracts; negotiation & purchase of commercial & individual property for MCN; assists with legal advice & counsel to the Tribal communities; drafting of Tribal legislation, attends tribal committee meetings & provides legal advice to Tribal committees. Perform other duties as assigned by the Attorney General.

Candidate must meet the following requirements: Graduate of an accredited law school; knowledgeable and/or have experience in Federal Indian law; must be able to communicate effectively with the public and handle workload under pressure situations; must be able to work with confidential materials; must be licensed to practice law in any state and must be in good standing with that jurisdiction; must be willing to become licensed to practice law in Oklahoma; must be a member of the Muscogee (Creek) Nation Bar Association or eligible to become a member

Visit our website for more information: www.muscogeenation-nsn.gov
Muscogee (Creek) and Indian Preference

Friends Committee on National Legislation (FCNL)

Congressional Advocate on Native American Policy Fellowship, Washington, D.C. Is the lead staff position for the Native American program and collaborates with communications and strategic advocacy (outreach and organizing) staff. Link: FAQ.

DNA People Legal Services

2017 Summer Law Clerks. DNA is one of the largest Indian legal service organizations in the country, located in northern AZ, northwest NM, and southern UT. We serve clients who live in poverty, with their civil legal needs, such as consumer law, domestic violence, guardianships and other family law, landlord/tenant, employment and public benefits cases. We practice in tribal, state, federal and administrative courts. We have summer law clerk positions (volunteer or Work-Study) available, the internships are 10 weeks long, generally June 1^st-August 12^th, but we’re flexible.

Ak-Chin Indian Community

Assistant Prosecutor, Maricopa, AZ. $67,028 – $80,433.50 per annum. Minimum Qualifications: Experience equivalent to two years of full time work providing legal counsel in a tribal, local government, or corporate setting, at least one year of trial work is preferred. Federal Indian Law course work or clinical experience in an Indian legal clinic or law school setting will be considered toward the required experience. Must be licensed to practice law in the State of Arizona and possess a Juris Doctorate. Must posses a valid Arizona Driver’s License and be able to meet the Community’s insurance carrier requirements. (see list attached to application or on the website).

Closes Monday, April 17, 2017 at 5:00 p.m. To be considered for this position, please submit a signed and complete Ak-Chin Indian Community application (additional resume optional), 39-month driving record from the Department of Motor Vehicles, a copy of CIB or proof of tribal enrollment if claiming Indian Preference, and a copy of DD214 if claiming Veteran’s preference to: Ak-Chin Indian Community, Attn: Human Resources Department 16-85a, 42507 W. Peters and Nall Rd, Maricopa, AZ 85138, Fax: 520-568-1051, Email: resumes@ak-chin.nsn.us, Website: www.ak-chin.nsn.us

The Rothstein Law Firm

Indian Law Associate, Tempe, AZ. Rothstein Donatelli is accepting applications for an Indian law associate position in its Tempe, Arizona office. The position is for an attorney with a minimum of 2 years of Indian law or general legal experience. Candidates should possess excellent oral and written communication skills. Rothstein Donatelli, with offices in Santa Fe and Albuquerque, NM and Tempe, AZ, focuses its practice on federal Indian law, civil rights, white collar criminal defense, and personal injury. Rothstein Donatelli is committed to advancing the sovereign rights of Native American tribes.

Please send a cover letter, writing samples and resume to Joseph Meserve, Executive Director, P.O. Box 8180, Santa Fe, New Mexico, 87504-8180. E-mail responses may be submitted to jmeserve@rothsteinlaw.com. http://www.rothsteinlaw.com

Hoopa Valley Tribe

Associate Attorney. Seeking attorney interested in working and living in beautiful Humboldt County, CA. J.D. from an ABA-accredited law school and admission to any state bar required; CA license a plus. Three to five years’ experience in federal Indian law or a related field preferred. Litigation experience helpful but not required. Salary DOE with excellent benefits, which may include housing. Email cover letter, resume, writing sample, and three references to hvtota.wilbur@gmail.com.

Colville Tribes Comment on Sinixt Case

March 30, 2017Matthew L.M. Fletcher

Historic Victory for Sinixt Hunter Claiming Aboriginal Right to Hunt in Canada

Nelson, B.C. – In a landmark decision, the Provincial Court of British Columbia ruled today that Richard Desautel, a Sinixt descendant resident in the United States, has an aboriginal right to hunt in his traditional territory in Canada.

In 2010, Mr. Desautel was charged with hunting elk as a non-resident, and without a license, near Castlegar, B.C. He is a member of the Lakes or Sinixt tribe of the Confederated Tribes of the Colville Reservation in Washington State, and asserted a constitutionally protected right to hunt in Sinixt traditional territory in Canada. Sinixt territory stretches north from the Colville Reservation to the area in and around the Arrow Lakes in British Columbia. Link to decision here: http://canlii.ca/t/h2ss2