Navajo Sage Hospital Prevails on IHS Medicare/Medicaid Allocation and Duplication Issues

Here are the materials in Navajo Health Foundation – Sage Memorial Hospital, Inc. v. Burwell (D. N.M.):

199-sage-motion-for-summary-j-allocation-issue

200-sage-motion-for-summary-j-duplication-issue

222-response-on-duplication-issue

235-reply-in-support-of-199

236-reply-in-support-of-200

253-dct-order

Prior post here.

Associate Attorney Openings with Frederick Peebles in Nebraska

Fredericks Peebles & Morgan LLP (FPM) is a nationwide law firm dedicated to the representation of American Indian tribes and organizations. We represent tribes and tribal entities in a wide spectrum of services including tribal corporate affairs, business transactions, litigation, gaming, and tribal governmental affairs.

FPM is seeking associate attorneys to join our teams in Omaha and Winnebago, NE. Candidates must possess at least two to three years post-J.D. attorney experience, strong analytical ability, as well as excellent research, writing, and communication skills. Candidates must work well independently and as a team member in a fast paced environment. A background in tribal and/or Federal Indian law and experience working in Indian Country is also strongly preferred. Prior judicial clerkship, litigation, or business transactional experience is a plus.

Requirements include:

  • Juris Doctorate degree from an ABA accredited law school
  • Status as an active member in good standing of the bar in at least one state jurisdiction and willing to obtain licensure in Nebraska within one year of employment
  • Minimum of three (3) years’ experience as an attorney or law clerk
  • Indian law experience and/or experience working with tribes
  • Prefer, federal, state, or tribal litigation related experience
  • Experience with taking depositions, drafting and filing motions and briefs in civil proceedings
  • Excellent analytical, research, and writing abilities
  • Experience with tribal governance and “in-house” tribal governmental legal affairs preferred
  • Proven communication skills including interpersonal and listening skills
  • Ability and willingness to do whatever it takes to meet tight and unexpected deadlines
  • Must be able to travel minimum of 1 – 2 days each month

Additional requirements for the associate attorney position in Winnebago include:

  • Legal experience in economic development and taxation
  • Tribal corporate law and business transactions experience

Your contributions are rewarded with a “Total Compensation” Package including a competitive salary, bonus potential, and excellent benefits.

Please send your cover letter, with salary requirements and location preference, resume, writing sample, and law school transcripts (if graduated from law school less than 4 years ago) to:

Ann Hacker, Director of Human Resources ahacker@ndnlaw.com

Position is open until December 4, 2016.

Nooksack Tribe Moves to Vacate State Court Order Enforcing Contempt Order against Tribal Police Chief

Here are the new materials in In re Galanda v. Nooksack Tribal Court (Wash. Super. Ct. — Whatcom County):

foreign-judgment-registration

declaration-of-charity-bernard-as-records-custodian-of-tribal-council

nooksack-indian-tribes-motion-to-vacate-order-domesticating-foreign-judgment

Navajo Board of Election Supervisors Seeks Attorney

Here is the notice: PDF

Here is the description:

Provide legal guidance and advice to Navajo Board of Election Supervisors and Navajo Election Administration, Navajo Nation Council, standing Committees involving various areas of law, such as Title 11 Election Code and other codes as the need requires. Analyzes legal issues and advised accordingly, drafts legal pleadings, briefs, memoranda, resolutions and correspondence in representing the Nation, pursues negotiations to settle disputes. Review past court, Office of Hearing & Appeals, Ethics and Rule Office rulings. Interviews and prepares witnesses for testimonial court hearings; prepares court cases by drafting complaints, order to show cause, preliminary motions, indictments, briefs and supporting affidavits; all written work is thoroughly reviewed by a supervising attorney; makes court related appearances on behalf of the Nation.

SCOTUS Denies Cert in Wolfchild

Here is today’s order list.

Cert stage briefs here.

Indian Country Grassroots Statement on Standing Rock

Here:

STATEMENT IN SOLIDARITY WITH THE STANDING ROCK SIOUX

November 3, 2016

 

Lands and waters, in our deeply held way of life, are not mere resources nor are they boundaried areas to be owned. They are the foundation of all relationships. Relationships, in a sense deeper than commonly understood, is the foundation of peace, happiness, law and order. Land, waters and human beings are mutual stewards. The tragic consequences of contamination to rivers and oceans has been repeatedly demonstrated by the mining at Black Mesa and Tar Creek, and by the Exxon Valdez and BP oil spills.

 

The Dakota Access Pipeline is now almost upon the Missouri River despite renewed calls from within the federal government itself for a stop until the environmental impact is formally assessed. Such calls were in existence since spring but were nevertheless ignored by the agencies responsible for such assessments. Instead, the pipeline was “fast tracked.”

 

The Pipeline directly threatens the Missouri River, which is the source of life for the Standing Rock Sioux. It is understood that the pipeline will carry one million gallons of crude oil an hour, and that any leak that is not quickly stopped will cause irrevocable environmental damage. There are news reports of nearly 300 oil pipeline spills in North Dakota in less than two years in remote areas where leaks are not readily known. Leaks are inevitable. Therefore, indigenous Americans from numerous tribes have gathered in protest to save the source of life; to save the Standing Rock Sioux people.

 

The gathered protesters are not merely scattered activists; they are representatives of their Indigenous Nations who have all endorsed the request of the People of the Missouri River for stoppage in order to dialog with the Nations. They are also representatives of the American people. They stand together asking that the laws of the United States be followed and honored – the laws establishing a duty to act on behalf of all Americans in managing our natural resources.  We must all stand together to protect our limited and irreplaceable waters.

 

Indian Country Grassroots Support

Federal Court Dismisses Suit against Ceiba Legal

Here are the materials in Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria v. Ceiba Legal LLP (N.D. Cal.):

32 Individual Defendants Motion to Dismiss

35 Ceiba Motion to Dismiss

45 Opposition

51 Ceiba Reply

52 Individual Defendants Reply

63 DCT Order

“Life on the Pine Ridge Native American reservation” — Al Jazeera

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 job posted on Turtle Talk, please email indigenous@law.msu.edu.

Morongo Band of Mission Indians

Tribal Attorney, Full Time, Salary D.O.E.

BASIC DUTIES: Under the direction of the In House General Counsel, the Tribal Attorney shall represent the interests of the Morongo Tribal Government, Morongo Tribal Administration, various Morongo Tribal programs, including but not limited to direct representation in tribal and state court of the Morongo Child and Family Services Department and other Morongo Tribal government / programmatic interests as directed by the In House General Counsel.

EXPERIENCE & EDUCATION: Admitted to practice law and in good standing with the California Bar Association. One (1) year of legal experience working for an Indian Tribe, or a firm representing Tribal interests, or three (3) years of legal experience involving trial work in family law, elder law, child welfare or the Indian Child Welfare Act at the state, tribal or federal level, or other legal experience involving Indian law or related areas. Must have proven excellent past work record evidenced by favorable references from past employers. If no past employer, then letter of reference from either one California State Court Judge or two attorneys admitted to practice in the state in which they practice.  A Juris Doctor Degree from a recognized law school and membership in the California Bar Association. Must have a good academic law school recorded evidenced by law school transcripts.

APPLY: Submit your resume and letter of interest by email:  resumes@morongo-nsn.gov or fax 951-922-0321. Visit our website at www.morongo-nsn.gov for employment application.  Interviews are by appointment only. Call 951-755-5180 for more information.

Pokagon Band of Potawatomi Indians

Tribal Court Clerk, Dowagiac, MI

Responsibilities: Ensure clerical duties and responsibilities of the Tribal Court are met.  Assist Court Administrator in the development of judicial and Tribal Court infrastructure.  Fulfill a full range of clerical responsibilities including but limited to accept and file pleadings, prepare case files, data entry, developing procedures and processes.

Qualifications: Bachelor’s Degree in related field required. Relevant experience in lieu of degree may be considered. Completion of a Paralegal Certificate Program Degree preferred. Three years of prior clerical work experience required. Two years of prior clerking experience in a court strongly preferred.

Salary/Benefits: Salary is based on experience and education. Full benefits including medical, dental, optical and retirement plan.

Closing Date: November 11, 2016

Applications:  applications and resumes accepted through our online career center at http://www.pokagonband-nsn.gov/

Yurok Tribe

Deputy General Counsel, Full Time Regular $72,999/$86,806, FF Date for these positions are 11/18/16. For more info visit www.yuroktribe.org or call (707) 482-1350 ext 1376.

National Indian Gaming Commission

Assistant Director of Compliance, Washington D.C. Closes 11/16/16.