Turtle Talk

In August 2012, after an 8-day trial, a jury found petitioner Timothy Whiteagle guilty of twelve counts relating to bribing and conspiring to bribe a Ho-Chunk Nation legislator to secure favorable treatment for three different vendors wishing to do business with the Nation. United States v. Whiteagle, Case No. 11-cr-65-wmc-1. On October 24, 2012, this court sentenced him to serve 120 months in prison, to be followed by 3 years of supervised release. Petitioner filed and lost motions for acquittal, a new trial, resentencing, and a direct appeal. He has now filed a motion for post-conviction relief under 28 U.S.C. § 2255, arguing that his conviction should be vacated for numerous reasons. Because none of petitioner’s challenges support overturning his conviction, the court will deny the motion.

Summer Law Clerk: Intern Positions Available with Navajo Nation Department of Justice

January 4, 2017Sarah M Donnelly

The Navajo Nation Department of Justice (DOJ) is seeking energetic and motivated candidates for a number of funded summer law clerk positions in the following areas of practice:

Natural Resources,
Tax and Finance,
Litigation,
Employment,
Human Services,
Government Services,
Economic Development,
Gaming,
Water Rights, and
Direct Legal Services for Navajo Relocatees.

Minimum Qualifications:

Must be enrolled in a law school accredited by the American Bar Association.

Preferred Qualifications:

Must have completed a law school course on Federal Indian Law.

(To receive full credit for education, certification, or licensure, transcripts, copies of degrees, certificates, and other appropriate documents must be submitted along with employment application.)

Externally funded candidates are also strongly encouraged to apply.

DOJ provides legal services to and litigates on behalf of the three governmental branches of the Navajo Nation government, including its chapters and entities, in matters in which the Navajo Nation government has an interest. The Attorney General also defends litigation against the Navajo Nation and supervises outside attorneys who assist the Nation with various cases.

Interested candidates should submit their cover letter, resume, transcript and a short (5-10 page) writing sample to Rodgerick Begay at rbegay@nndoj.org. Complete application packets must be received no later than 5 p.m. Mountain Time on Friday, March 18th.

Selected candidates will also be asked to fill out a formal Navajo Nation Employee Application, which can be found at http://www.dpm.navajo-nsn.gov/jobs.html.

THE NAVAJO NATION GIVES PREFERENCE TO ELIGIBLE AND QUALIFIED APPLICANTS IN ACCORDANCE WITH THE NAVAJO PREFERENCE IN EMPLOYMENT ACT AND VETERANS’ PREFERENCE.

2016 ICWA Appellate Cases by the Numbers

January 4, 2017January 4, 2017Kate Fort1 Comment

Here’s our annual contribution to the ICWA data discussion. While a few cases might yet come in, we have our final list of 2016 appealed ICWA cases sorted. A note on the data–these are cases that are on Westlaw and/or Lexis Nexis, and ICWA (or state equivalent) was litigated. We collect the case name, the date, the court, the state, whether the case is reported (also called published) or not, the top two issues, up to three named tribes, the outcome of the case, and who appealed the case. These are standard state court ICWA cases, and do not include any of the ongoing federal litigation. We did this last year as well. Sadly no, I haven’t yet published this anywhere but Turtle Talk, and yes, it is next on the to-do list. If you know we are missing a case based on the numbers, and it’s publicly available, *please* send it to me [fort at law.msu.edu] so we can add it. I’m also happy to answer questions at the same email.

There were 175 appealed ICWA cases this year, down 74 from last year. There were 30 reported ICWA cases this year. As always, California leads the states with 114 cases, 10 reported. Michigan is second with 13, 2 reported. Texas, which didn’t have any cases we could find last year, had 7 cases this year, 1 reported. Then Iowa with 6, 1 reported, Oklahoma with 4 reported, Nebraska with 3, 2 reported, and Alaska and Arizona with 3, 1 reported each. States with 2 appealed ICWA cases include Arkansas (none reported), Indiana (none reported), Ohio (none reported), Oregon (2 reported), Washington (1 reported), Illinois (1 reported). Finally the following states had 1 ICWA case: Idaho, New Jersey, New Mexico, South Dakota, Utah, Kansas, North Carolina, Vermont, Kentucky, and Massachusetts.

In California, the cases further breakdown to 37 in the 4th Appellate District, 33 in the 2nd, 24 in the 1st, 9 in the 5th, 6 in the 3rd, and 3 in the 6th. California is the only state where we track by appellate districts at this time.

Supreme Courts in Oklahoma (2), Alaska (2), Idaho, Nebraska (2), South Dakota, California (2), Vermont and Washington all decided ICWA cases this year.

Of the 175 total appeals, 90 were affirmed, 67 were remanded, 14 were reversed, and the four remaining were affirmed in part and reversed in part (1), denied as moot (1), dismissed (1), vacated and remanded (1).

Top litigated issues were as follows: Notice (106), Inquiry (21), Placement Preferences (10), Active Efforts (8), Determination of Indian Child (8), Burden of Proof (5), Transfer to Tribal Court (5), Intervention, Termination of Parental Rights, Existing Indian Family, (2 cases for each one). The other cases with 1 each: Qualified Expert Witness, Indian Custodian, Tribal Customary Adoption, Application to Divorce, Ineffective Assistance of Counsel, Foster Care Placement

52 different tribes are represented in the first named tribe in a case. There were 56 cases involving claims of Cherokee citizenship. Of those appeals, 48 involved issues of notice and inquiry. In 21 cases the tribe was unknown (parent did not know name of tribe). In 14, the tribe was unnamed (court did not record name of tribe in the opinion).

4 cases were appealed by tribes (Cherokee Nation, Gila River, Shoshone Bannock). 92 were appealed by mom, 49 by dad, and 24 by both. Other parties who appealed include agency (1), child’s attorney (1), foster parents (1), great aunt and uncle (1), Indian custodian (1), and state and foster mother (1).

NHBP Shared Revenue to Help Michigan Schools Scrap Native Mascots

January 4, 2017Sarah M Donnelly1 Comment

Link: New state-tribe agreement may help schools nix Native American mascots by Emily Lawler from MLive.

The Nottawaseppi Huron Band of the Potawatomi and the State of Michigan amended their gaming compact to allow up to $500,000 to be put in the Michigan Native American Heritage Fund:

The federal government on Dec. 12, 2016 approved another amendment that puts a portion of state revenue sharing into a special fund dedicated to promoting understanding, history and good relationships with the state’s Native Americans.

One use could be for monetary help transitioning schools away from Native American mascots.

“This fund demonstrates our commitment to providing Michigan schools, colleges and universities with the funds needed to improve curricula and resources related to Native American issues and mascot revisions,” said NHBP Tribal Chair Jamie Stuck in a press release. “We understand that schools often don’t have funds available for these types of projects and we are dedicated to removing that obstacle.”

Up to $500,000 per year from the tribe’s revenue sharing to the state could go into the new Michigan Native American Heritage Fund. It will be run by a board consisting of two people appointed by the tribe, two people appointed by the governor and also the Michigan Department of Civil Rights Director or his designee.

Child Welfare Staff Attorney Position at Nebraska Appleseed

January 4, 2017Kate Fort

Job Announcement

Staff Attorney – Child Welfare Program

Organization Profile

Nebraska Appleseed is a nonprofit organization that fights for justice and opportunity for all. Appleseed takes a systemic approach to complex issues – such as children’s welfare, immigration policy, affordable health care, and poverty – and takes its work wherever it can do the most good, whether that’s at the courthouse, at the statehouse, or in the community. For more information visit neappleseed.org.

Nebraska Appleseed is an equal opportunity employer; people of color, members of the LGBTQ community, individuals with disabilities, individuals with personal experience in the child welfare system, and those from diverse backgrounds are strongly encouraged to apply. Nebraska Appleseed does not discriminate on the basis of race, color, national origin, ethnic background, religion, gender, sexual orientation, age, or disability.

Position Summary

The Staff Attorney will be responsible for working with the Child Welfare Program Director to identify and develop legal and policy solutions to issues impacting Nebraska’s child welfare system. The focus of the work will be on reforming the state’s child welfare system to make sure it supports children and families who need its intervention, and that intervention does not contribute to problems. The Staff Attorney will engage in policy research and analysis, legal research and litigation, and resource development. This position will report to the Child Welfare Program Director, and will work closely with staff attorneys in other programs and the Child Welfare Program Associate. This is a full-time position based in our office in Lincoln, Nebraska.

Responsibilities:

The Staff Attorney will work with the Child Welfare Program Director to carry out the objectives of the program. Specific responsibilities include:

Identifying laws and policies that negatively affect the welfare of Nebraska children and working with Child Welfare Program Director, Legal Director, and other staff attorneys to develop and conduct impact or class action litigation to remedy problems.
Conducting policy research and analysis focused on the legal aspects of key issues affecting Nebraska’s child welfare system, as well as drafting and providing testimony to the Legislature and administrative agencies.
Developing legal resources and providing technical assistance, including amicus curiae briefs, for a network of “on the ground” juvenile court attorneys.
Developing educational materials (e.g., reports, fact sheets, presentations, policy briefs) for key stakeholders.
Learning from community members and community partners about issues and potential systemic solutions.
Supervising law clerks and interns, and advising intake coordinator on child welfare intakes.
Participating, as needed, in administrative tasks and program teams.

Qualifications:

Licensed to practice law in Nebraska or be willing to take necessary steps to be licensed.
Excellent legal research, analytic, and writing skills.
Creative thinking. The ability to develop novel legal theories and strategies to address complex problems.
Ability to work independently, be organized and detail oriented.
Ability to work in a team-oriented and collaborative environment.
Strong interpersonal skills and ability to effectively build and maintain community relationships.
Experience in or demonstrated commitment to public interest law and advocacy on behalf of children.
Knowledge and awareness of local, regional, and national issues facing child welfare.
Three years experience practicing law strongly preferred but exceptional recent graduates will be considered.
Legal experience in litigation and the areas of child welfare and juvenile law, administrative law, civil rights, and/or appellate practice preferred.
Experience with legislative and administrative advocacy preferred.

Salary and Benefits

Competitive nonprofit salary based on experience and benefits including health, vision, dental, 401(k), and vacation.

To Apply

Position is open until filled. Target start date is March 2017. Please send a cover letter, resume, writing sample, and list of three references to Elizabeth Hutchison at ehutchison@neappleseed.org or mail to: Nebraska Appleseed Child Welfare Staff Attorney search, Nebraska Appleseed, 941 “O” Street, Suite 920, Lincoln, NE 68508 by Friday, Jan. 20. If you have any questions or need additional time to submit materials, please contact Elizabeth Hutchison at 402-438-8853, ext. 122.

DNA-People’s Legal Services Seek Attorneys, Development Director

January 3, 2017Sarah M Donnelly

DNA-People’s Legal Services is looking for a full-time Development Director, to write grants and do fundraising.

Qualifications: 5 years non-profit resource development experience (grassroots fundraising, direct mail, special events, and proven success in grant research and writing). In-depth understanding of DNA’s client community. Able to communicate and disseminate information about DNA, to manage multiple projects and meet deadlines; must have excellent organizational skills. Strong computer experience including fundraising software, researching grant and foundation opportunities online. Excellent written and oral communication skills, including public speaking. Strong management and supervisory skills. Pay DOE. Email cover letter and resumes to HResources@dnalegalservices.org. DNA is an EOE and follows the Navajo Preference in Employment Act. OPEN UNTIL FILLED.

DNA-People’s Legal Services is looking to hire six (6) full-time Attorney’s, at many rural communities.

DNA-People’s Legal Services has several litigator positions open in our Navajo office in Arizona and New Mexico, and in our Flagstaff AZ and Farmington NM offices. In most cases, litigators licensed in other state jurisdictions can waive into NM or AZ; litigators in Navajo offices would need to take and pass the Navajo Bar exam. Staff Attorney’s provide direct legal services to low-income individuals on a wide range of civil matters, including consumer law, family law, domestic violence, housing, public benefits, employment, education, health, disability, and elder law. Staff Attorneys represent clients in tribal, state, and federal courts, as well as administrative agencies. Staff Attorneys work closely with DNA’s tribal court advocates (tribal members who are licensed to practice in tribal courts) and regularly participate in outreach and community education projects. This is a fast-paced and dynamic position, appropriate for applicants who are committed to the ideals of legal services, able to live in a remote area, and willing to travel extensively throughout the Navajo Reservation. OPEN UNTIL FILLED.

Qualifications: A law graduate from an accredited university and licensed to practice in law. An active member of the Arizona State Bar; experience with issues of the client communities served, J.D. preferred and a member of the State Bar or eligibility for and willingness to take the next bar exam.

Bar Examinations: Within one year of employment, DNA attorneys must pass the state bar examination relevant to their assigned office, as well as satisfy any examination and admission requirements of the relevant tribal court jurisdiction.

Salary/Benefits: The minimum starting attorney salary is $37,500. Persons with prior practice experience will start at a higher salary which will vary depending on the nature and duration of such experience. DNA provides health, dental and vision insurance at a minimal cost to employees, and provides paid bar leave, student loan deferral/forgiveness, life insurance coverage, and the option to open a 401(k).

Applicant Submissions: A writing sample, resume, transcript, and the employment application should be submitted to Human Resource Director indicated in this Ad. Applicants will not be considered for employment until all requested information is provided.

Staff Attorney at Flagstaff—Medical Legal Partnership Attorney with North Country Health Clinic and ability to manage the grant. A law graduate from an accredited university and licensed to practice in law in Arizona.

Staff Attorney at Chinle—Domestic Violence Attorney in Tribal and State Court and the ability to manage the grant. Ability to do community presentations on and off reservation. A law graduate from an accredited university and licensed to practice in law in Arizona.

Staff Attorney at Farmington—A law graduate from an accredited university and licensed to practice in New Mexico law.

Staff Attorney at Hopi— A law graduate from an accredited university and licensed to practice in law.

Staff Attorney at Tuba City—Medical Legal Partnership Attorney with Tuba City Regional Healthcare and ability to manage the grant. A law graduate from an accredited university and licensed to practice in law in Arizona.

Email application, cover letter and resumes to HResources@dnalegalservices.org.
Applications available on our website: https://dnalegalservices.org/
Contact Human Resource Director at (928) 283-5265 ext. 3101.
DNA-People’s Legal Services, Inc. is an Equal Opportunity/Affirmative Action Employer that is committed to hiring a diverse and talented workforce. EOE/Disability/Veteran/Navajo Preference