Turtle Talk

Link to decision coverage in The Bellingham Herald here.

Nooksack Tribal Court has upheld the voting rights of over 300 Nooksack members facing disenrollment over a controversial ordinance passed in 2014. While the federal review of that ordinance drags along, the Tribe requested that contested members be prevented from voting in Tribal elections.

Judge Susan Alexander wrote that the marked members were allowed to vote in 2014 when their enrollment was in doubt, but now the Tribe has unilaterally changed their minds to protect open seats in this year’s general election.

News Profile on Little Traverse Odawa Treaty Rights Suit

January 27, 2016Matthew L.M. Fletcher

Here.

Elizabeth Kronk Warner on Tribal Environmental Ethics as an Alternative Ethical Paradigm

January 27, 2016Matthew L.M. Fletcher

Elizabeth Kronk Warner has posted “Looking to the Third Sovereign: Tribal Environmental Ethics as an Alternative Ethical Paradigm.”

Here is the abstract:

As evidenced by the Paris COP 21, the world has decided that the time has come to address climate change. As policy makers around the world consider the best methods of controlling greenhouse gas emissions and mitigating the impacts of climate change, they may also be increasingly reconsidering the ethical paradigm(s) used to tackle modern environmental challenges, such as climate change. Therefore, now is the ideal time to reconsider the environmental ethics underlying environmental policy making. In the United States, a national, comprehensive plan to both mitigate the effects of and adapt to those effects that cannot be mitigated has yet to be developed. Given such federal malaise, policy makers will need to look elsewhere to find examples of alternative ethical paradigms, but not necessarily outside of the exterior boundaries of the United States. They can look to the third sovereign — Indian tribal governments. Tribes are actively innovating in this field, as they are implementing tribal environmental ethics into law designed to address the impacts of climate change. This article, therefore, considers what role, if any, can tribal environmental ethics play in the re-examination and consideration of American environmental ethics? The answer — quite a substantial role. Tribes must straddle two worlds — a traditional one and one dominated by Western culture and values. As a result of this dichotomy, tribes are necessarily experts at adaptation and innovation. To demonstrate the value of looking to tribal environmental ethics when considering alternative ethical paradigms for the United States, this article begins by discussing the link between environmental ethics and policy making. With this understanding in place, the article then examines the importance of environmental ethics to tribes. This Part considers factors that may motivate tribes to adopt environmental ethics alternative to American environmental ethics, and also uses legal ethics as an example of the necessity, in some instances, for the development of an alternative ethical paradigm, such as one separate from the model ethical code presented by the American Bar Association. Finally, the article concludes with a discussion of how tribes are serving as laboratories of environmental ethical innovation. The Part begins with an introduction to some ethical paradigms other than anthropocentrism, such as animism and Deep Ecology. The purpose of this introduction is to demonstrate how tribal environmental ethics might parallel some of these alternative ethical frameworks, but also to show that tribal environmental ethics can be different. With this introduction in place, the Part argues that tribes have the capacity for innovation, and then provides explicit examples of where tribes have departed from American environmental ethics. Ultimately, given the significance of emerging environmental challenges, such as climate change, the article concludes that, if policy makers decide on the necessity of an ethical paradigm other than anthropocentrism, tribal environmental ethics provide a compelling alternative, and, tribes, as the third sovereign in the United States, demonstrate how such an alternative environmental ethic may be codified into environmental laws.

Request for National NALSA Writing Competition Judges

January 26, 2016January 26, 2016Sarah M Donnelly

The National Native American Law Students Association (National NALSA) is seeking judges for its 15th Annual Writing Competition, hosted by the Columbia Law School NALSA chapter and the Columbia Journal of Race and Law.

Each year law professors and attorneys generously volunteer their time to review the submissions. At this time, we are seeking judges for this year’s competition. The participation of the judges is necessary to ensure the success of the competition and that the current Indian law community continues to encourage and recognize talented scholarship.

We hope you will consider donating your time to the competition as a judge. Judges will receive between one and four submissions during the middle of February and will have roughly a month to review and score the submissions. Winners will be announced at the Federal Bar Association Indian Law Conference in Scottsdale, Arizona on April 7–8, 2016.

The purpose of the competition is to recognize excellence in legal research and writing related to Indian law, actively encourage the development of writing skills of NNALSA members, and enhance substantive knowledge in the fields of Federal Indian Law, Tribal Law and traditional forms of governance. The competition is open to matriculated law students at any point in their law school career who are current NNALSA members. Any law student is eligible to become a NNALSA member and may do so at www.nationalnalsa.org.

Thank you very much for your consideration. If you are interested in judging or if you have any other questions, please email Julia Bedell, Columbia NALSA 3L Representative, at jmb2369@columbia.edu.

South Dakota Dismisses Inmate Suit Against Rosebud Sioux Prison Officials

January 26, 2016January 26, 2016Sarah M Donnelly

Opinion and Order Granting Leave to Proceed In Forma Pauperis and Dismissing Complaint in the matter of Whiting v. Eagle Bear (Jan. 22 2016).

William Whiting claimed constitutional violations, but the district court found it did not have jurisdiction to hear the case and defendants are immune. Whiting must use administrative remedies.

Canadian Human Rights Tribunal Releases Decision on Discrimination Against Children Living on Reserves

January 26, 2016Kate Fort

Here is the decision.

AANDC’s [Aboriginal Affairs and Northern Development Canada] design, management and control of the FNCFS [First Nations Child and Family Services] Program, along with its
corresponding funding formulas and the other related provincial/territorial agreements have resulted in denials of services and created various adverse impacts for many First
Nations children and families living on reserves.

Here is the media coverage.

This is a tremendous and long-fought victory for the First Nations and Family Caring Society, who brought the claim, and Cindy Blackstock, the executive director of the Society and incredible driving force behind the claim.

Free Prosecutor Training: National Institute on the Prosecution of Sexual Violence in Indian Country

January 26, 2016January 26, 2016Victoria Sweet

The National Indian Country Training Initiative, in partnership with AEquitas: The Prosecutor’s Resource on Violence Against Women, an Office on Violence Against Women (OVW) funded Technical Assistance provider, announces the National Institute on the Prosecution of Sexual Violence in Indian Country (NIPSVIC). The training will be held April 12-15, 2016, at the National Advocacy Center in Columbia, South Carolina. Travel and lodging accommodations will be paid for by the Department of Justice’s Office of Legal Education. There is no tuition charge for this training

The National Institute on the Prosecution of Sexual Violence in Indian Country (NIPSVIC) is a 3 ½ day course designed to challenge participants to reevaluate their approach to prosecuting sexual violence crimes. The NIPSVIC will explore the complex issues faced by prosecutors in balancing offender accountability and the impact of criminal prosecution on victims. In addition to practical case evaluation and litigation skills, the curriculum will examine the benefits of developing a coordinated, victim-centered community response; explain common injuries and relevant medical evidence, and offer guidance on the use of medical experts; explore ethical issues confronted by prosecutors; address the development and improvement of culturally-sensitive victim services; and offer prosecutors the ability to redefine outcomes and the very nature of justice in sexual violence cases.The NIPSVIC will offer hypothetical case problems, role-playing exercises, small group discussions, mini-lectures, and faculty demonstrations. Rather than merely attending a series of legal lectures, participants will examine their current attitudes and practices by employing active case evaluation, preparation, and trial skills to respond to sexual violence in the varied contexts in which it occurs. The highly interactive format enables prosecutors from different jurisdictions, with varied levels of experience, to learn from one another and engage in “real-life” scenarios that are readily transferable to their everyday work.

Nominations are due by Friday, February 5, 2016.

More information and nomination form available here Non-DOJ Announcement.48894 (3)

DOJ, Office of Tribal Justice Seeks Attorney Advisor

January 26, 2016Victoria Sweet

The Office of Tribal Justice, U.S. Department of Justice, is seeking an experienced attorney to serve as Attorney Advisor to provide counsel and assistance to the Director and senior staff.
Justice seeks to attract, retain, and promote individuals of exceptional ability and talent from all walks of life. The work environment and atmosphere is open, diverse, collegial, and inclusive. There are active affinity groups for African-American; Asian-American; Hispanic; lesbian, gay, bisexual and transgender (LGBT); and Native American employees, which are open to all DOJ employees regardless of background. Justice fosters a work environment where people of all backgrounds and experiences may reach their full potential.

This and other attorney vacancy announcements can be found at: http://www.justice.gov/legal-careers/attorneys-vacancies.

Office of Tribal Justice (OTJ)<http://www.justice.gov/otj/index.html>
Office of Tribal Justice
Attorney
950 Pennsylvania Ave NW
Washington, DC 20530
United States
OTJ ATY-1601

About the Office: The Office of Tribal Justice (OTJ) is the primary point of contact for the Department of Justice with federally recognized Native American tribes, and advises the Department on legal and policy matters pertaining to Native Americans. OTJ promotes internal uniformity of Department policies and litigating positions relating to Indian country and ensures that the Department clearly communicates policies and positions to tribal leaders.
Job Description: OTJ is seeking an experienced attorney to serve as Attorney Advisor to provide counsel and assistance to the Director and senior staff. OTJ attorneys:
· Provide advice on significant tribal justice matters and assist in policy and legislative development and review.
· Provide advice to OTJ leadership on Department components litigating, protecting or otherwise addressing Native American rights and/or related issues.
· Review proposed legal actions submitted by divisions that require OTJ approval or coordination.
· Perform legal research on assigned questions or law or policy and prepare reports and memoranda.
· Assist in coordinating with attorneys and officials of the Department, other government agencies, and interested parties to provide guidance and advice to ensure compliance with statutory, regulatory and policy requirements.
· Support the office in outreach activities involving federally recognized tribes, federal agencies, state and local officials, as well as professional associations and public interest groups
· Develop, coordinate and execute special projects as assigned by the Director or the Deputy Director.
Qualifications:
Applicants must possess a J.D. degree with at least three years of post J.D. experience, and be an active member of a bar (any jurisdiction). Applicants must be proficient in analyzing complex legal information and producing clear and thorough written work, and have excellent interpersonal skills. Experience with Federal Indian Law is required. Knowledge of or experience with federally-recognized Indian Tribes is required. Prosecution and/or litigation experience is strongly preferred. The incumbent must be able to obtain a Secret-level security clearance.
Salary: GS-14 to GS-15 ($108,887 – $160,300) range.
Travel: Frequent
Application Process: Applicants are required to submit a cover letter (highlighting relevant experience) and résumé or OF-612 (Optional Application for Federal Employment). Please reference announcement OTJ ATY-1601 in your cover letter.
Applicants are encouraged to email applications to OTJ@usdoj.gov<mailto:OTJ@usdoj.gov>
or fax them to (202) 514-9078 rather than mail them. No telephone calls please. This vacancy will be open until selections have been made.
U.S. Department of Justice
Office of Tribal Justice (Attn: Application Coordinator)
950 Pennsylvania Ave., N.W., Room 2318)
Washington, D.C. 20530
Application Deadline: Wednesday, February 10, 2016
Relocation Expenses: Relocation expenses will not be paid.
Number of Positions: 1
Updated January 19, 2016
* * *
Department Policies
Equal Employment Opportunity: The U.S. Department of Justice is an Equal Opportunity/Reasonable Accommodation Employer. Except where otherwise provided by law, there will be no discrimination because of color, race, religion, national origin, political affiliation, marital status, disability (physical or mental), age, sex, gender identity, sexual orientation, genetic information, status as a parent, membership or non-membership in an employee organization, on the basis of personal favoritism, or any other non-merit factor. The Department of Justice welcomes and encourages applications from persons with physical and mental disabilities. The Department is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department of Justice.

Reasonable Accommodations: This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.
Outreach and Recruitment for Qualified Applicants with Disabilities: The Department encourages qualified applicants with disabilities, including individuals with targeted/severe disabilities to apply in response to posted vacancy announcements. Qualified applicants with targeted/severe disabilities may be eligible for direct hire, non-competitive appointment under Schedule A (5 C.F.R. § 213.3102(u)) hiring authority. Individuals with targeted/severe disabilities are encouraged to register for the Office of Personnel Management (OPM) Shared List of People with Disabilities (the Bender Disability Employment Registry) by submitting their resume to resume@benderconsult.com<mailto:resume@benderconsult.com>
and referencing “Federal Career Opportunities” in the subject line. Additional information about the Bender Registry is available at www.benderconsult.com [external link]<http://www.benderconsult.com/>. Individuals with disabilities may also contact one of the Department’s Disability Points of Contact (DPOC). See list of DPOCs<http://www.justice.gov/legal-careers/disability-points-contact>.
Suitability and Citizenship: It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment. Employment is also contingent upon the completion and satisfactory adjudication of a background investigation. Only U.S. citizens are eligible for employment with the Executive Office for Immigration Review and the United States Attorneys’ Offices. Unless otherwise indicated in a particular job advertisement, non-U.S. Citizens may apply for employment with other organizations, but should be advised that appointments of non-U.S. Citizens are extremely rare; such appointments would be possible only if necessary to accomplish the Department’s mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis.
Veterans: There is no formal rating system for applying veterans’ preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans’ preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans’ preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the “point” system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf <http://www.opm.gov/forms/pdf_fill/SF15.pdf> for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). Applicants should note that SF 15 requires supporting documentation associated with service- connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that his or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).
* * *
This and other vacancy announcements can be found under Attorney Vacancies<http://www.justice.gov/legal-careers/attorneys-vacancies> and Volunteer Legal Internships<http://www.justice.gov/legal-careers/volunteer-internship-opportunities>. The Department of Justice cannot control further dissemination and/or posting of information contained in this vacancy announcement. Such posting and/or dissemination is not an endorsement by the Department of the organization or group disseminating and/or posting the information.

Choctaw Nation of OK Looking for ICW Attorney

January 26, 2016January 26, 2016Victoria Sweet

Job announcement is available here

Ramah Fairness Hearing Minutes

January 26, 2016January 26, 2016Sarah M Donnelly

Hearing on Final Approval of Final Settlement Agreement (Doc. No. 1334) and on Application for Attorneys’ Fees and Costs (Doc. Nos. 1313 and 1335)

Things heat up on page 10 when attorneys call as a witness Professor Brian Fitzpatrick of Vanderbilt Law School to convince the court that 8.5% in attorney’s fees is fair when the Lodestar method would have awarded slightly less. Ramah Class was awarded $940 million so that means $79 million will be fees. Since class counsel spent just under 20,000 hours on the case the rate comes out to just under $4k/hour. The court didn’t conduct its own Lodestar check.