Turtle Talk

Reported case on notice, where the social service agency attempted to fix the notice issues while the case was on appeal. Fourth District remanded for proper notice.

An unreported case where the trial court refused to apply ICWA because of a lack of written communication from the tribe, though the agency received verbal confirmation of the children’s membership. The case was reversed, also by the Fourth District.

Finally, an unreported case using the “family lore” argument to find there was no notice necessary. Haven’t seen a family lore case in California since 2011. Those cases were all out of the Second District, while this one is out of the First.

Connecticut Court Recognizes Tribal Immunity, Remands to Allow Conn. Regulatory to Determine Whether Immunity Extends to Tribal Lender

November 24, 2015Matthew L.M. Fletcher

Here are the materials in Great Plains Lending LLC v. State of Connecticut Dept. of Banking (Conn. Super.):

Opinion

Briefs here.

Zepeda v. United States Cert Petition

November 24, 2015Matthew L.M. Fletcher1 Comment

Here:

Zepeda Cert Petition

Questions presented:

The Indian Major Crimes Act, 18 U.S.C. § 1153, makes it a federal crime for an “Indian” to commit any one of thirteen enumerated acts in “Indian country.” In this case, the en banc Ninth Circuit held that an element of the offense in prosecutions under this statute is proof that the defendant has “Indian blood,” whether or not that blood tie is to a federally recognized tribe. The question presented is:

Whether, as construed by the Ninth Circuit, Section 1153 impermissibly discriminates on the basis of race.

Opinion here. En banc materials here, here, and here. Panel materials and other materials here, here, and here.

General Counsel Opening With Stockbridge-Munsee Band

November 23, 2015November 24, 2015Sarah M Donnelly

POSITION DESCRIPTION

POSITION: General Counsel
LOCATION: S/M Community
SALARY: Negotiable/Exempt
Reports to: Tribal Council

GENERAL RESPONSIBILITIES: The General Counsel is responsible to provide advice, interpretations, and opinions on all legal matters of the Stockbridge-Munsee Community including Tribal government, Tribal gaming, and Tribal enterprises. The General Counsel is also responsible to manage the Tribal Legal Office including supervising other attorneys and staff.

DUTIES:

The General Counsel is responsible to advise and represent tribal government, tribal gaming, and tribal enterprises in dealings with federal, state, local governments.
The General Counsel is responsible to represent the tribe in tribal, federal, and state court litigation matters.
The General Counsel is responsible to oversee contract and grant review.
The General Counsel is responsible to oversee preparation of resolutions, policies, procedures, agreements, contracts, and other legal memoranda.
The General Counsel is responsible to manage outside legal counsel.
The General Counsel is responsible for giving advice on legal decisions, agency regulations, statutes and treaties that affect tribal activities.
Must maintain an acceptable attendance record.
May be required to satisfactorily complete an exam or other testing requirement(s) to determine skill proficiency.
The above duties and responsibilities are not an all inclusive list but rather a general representation of the duties and responsibilities associated with this position. The duties and responsibilities will be subject to change based on organizational needs and/or deemed necessary by the Tribal Council.

QUALIFICATIONS:

Must be a graduate of an A.B.A approved Law School.
Must be licensed to practice law in Wisconsin or be able to obtain the Wisconsin Bar license within a twelve-month period after hire.
Must possess knowledge of tribal, state, and federal law and regulations including administrative procedures.
Must possess general knowledge of law.
Must have at least seven years of federal Indian law practice,
Must pass pre-employment drug and health screening. Must adhere to the Tribe’s Drug and Alcohol Free Workplace Policy during the course of employment.
Must be eligible for coverage under the employer’s liability insurance.
Must have demonstrated ability to maintain satisfactory working record in any prior or current employment.
Must be able to meet physical requirements of position.
Must have a valid driver’s license. Must obtain a Wisconsin driver’s license within 30 days of employment if applicant has an out-of-state driver’s license. Must meet and maintain the eligibility to operate a personal or tribal vehicle under the driver acceptability guidelines as established by Mohican Nation Insurance.
Must abide by departmental and organizational safety, guidelines.

SUBMIT APPLICATION TO:
Human Resource Department
P.O Box 70
N8705 Moh He Con Nuck Rd
Bowler, WI 54416

WE ARE A DRUG FREE EMPLOYER.
CANDIDATES MUST PASS DRUG SCREEN
AND REMAIN DRUG FREE.

The Stockbridge-Munsee Community operates as an equal opportunity employer except Indian Preference is given in accordance with the Tribal Employment.

Although an interview may be granted, this does not determine that the candidate fully meets the qualifications until it is determined by the interview team.

Apply online at:
http://www.mohican-nsn.gov