Tonto National Forest To Fill Tribal Liaison Positions

Job descriptions and application instructions here.

The Forest Service will employee a temporary and permanent Tribal Liaison at its Supervisor’s Office in Phoenix.  Submit by October 13, 2015.

Ho-Chunk Nation Judiciary Seeking Staff Attorney

Ho-Chunk Nation
Staff Attorney-Law Clerk
Judiciary Branch
Black River Falls, WI 54615
 
Summary: Assist Tribal Court Judges and Supreme Court Justices with legal research and the drafting of opinions in a timely manner while facilitating public access to the Court through the provision of procedural legal information.
 
Qualifications: Graduation from an accredited law school and in good standing of a State Bar. Strong research and writing skills. Strong word processing and computer research skills. Demonstrated interest in and familiarity with Tribal and Federal Indian Law. Fluency in Ho-Chunk Language desired but not required. Preference to members of the Ho-Chunk Nation, then other Native Americans. Must be able to pass a comprehensive background check.  No felony convictions, no current open criminal cases or civil matters that would reflect negatively on the Judiciary Branch. Valid driver’s license, dependable transportation and proper insurance, is required. This is an appointed position.
 
Working Conditions: Office setting, courtroom. Occasional travel may be required.
 
We offer 401(K), Competitive Health, Dental, Vision, and Life benefits.
 
APPLICATION/ RESUME & TRANSCRIPTS ARE REQUIRED
Please submit to:
Ho-Chunk Nation
Department of Personnel
P.O. Box 667 Black River Falls, WI  54615
(800) 232-0086 FAX: (715) 284-9465
 
Application Deadline:
October 16, 2015 at 4:00pm

Cheyenne River Sioux Tribe Sues Interior over Bureau of Indian Education Reorganization

Here is the complaint in Cheyenne River Sioux Tribe v. Jewell (D. S.D.):

1 Complaint

An excerpt:

Plaintiff, an Indian Tribe operating under grants from or contracts with the United States Bureau of Indian Affairs under the Indian Self-Determination and Education Assistance Act (Public Laws 93-638 and 100-297, as amended), and upon whose reservation the Defendant directly operates a BIE-run school, seeks a permanent injunction pursuant to Fed.R.Civ.P. Rule 65, a Writ of Mandamus pursuant to 28 U.S.C. §§ 1361 and 1362, and Declaratory Relief pursuant to 28 U.S.C. § 2201 et seq., and an Order to enforce compliance with the terms of the Settlement Agreement and Stipulated Final Judgment entered by this Court in Yankton Sioux Tribe, et al. v. Kempthorne, et al, #4:06-cv-04091-KES (DSD) to enjoin Defendants from proceeding with their announced plan to restructure the Department of Interior’s Bureau of Indian Education (hereinafter “BIE”), and its subsidiary offices and staff in a manner that will reduce and/or eliminate its legal obligations to Indian Tribes, Tribal Schools, and ultimately to the individual Tribal member students of those schools, including the Plaintiff, under the United States Constitution, treaties with the various Indian tribes, federal statutes, regulations, or policies, in a manner that is arbitrary, capricious, an abuse of discretion given to the Executive Branch to carry out the United States Congress’ legislative mandates, and/or violation of federal law or regulation.

United States v. Bryant Cert Petition — Federal Habitual Offender Statute and Uncounseled Tribal Court Convictions

Here is the petition:

Cert Petition

Question presented:

Section 117(a) of Title 18, United States Code, makes it a federal crime for any person to “commit[] a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country” if the person “has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for” enumerated domestic-violence offenses. 18 U.S.C. 117(a).

The question presented is whether reliance on valid uncounseled tribal-court misdemeanor convictions to prove Section 117(a)’s predicate-offense element violates the Constitution.

Lower court materials here (en banc) and here (panel).

Ramah Class Action Summary and Estimated Dollar Shares

To all members of the Ramah class: please read this notice carefully; it contains important information about a proposed final settlement agreement.

Summary Notice of Final Settlement in Ramah Navajo Chapter v. Jewell here.

Estimated Dollar Shares for Each Class Member here.

Link to many other documents including FAQ here.

Previous TurtleTalk coverage here.

California Court of Appeals Decides Gaming Compact Dispute

Here is the unpublished opinion and assorted materials in San Pasqual Band of Mission Indians v. State (Cal. App.):

Unpublished Opinion

San Pasqual Opposition to State Motion for Summary J

San Pasqual Second Amended Complaint

Tribal Liaison Vacancy with Wisconsin Department of Children and Families

Link to job announcement here.

Tuesday, October 13th is deadline to apply.

Rebecca Webster on Service Agreement Payment Formulas for Tribal Trust Lands on the Oneida Reservation

Rebecca M. Webster has published “Service Agreements: Exploring Payment Formulas for Tribal Trust Lands on the Oneida Reservation” in the American Indian Quarterly.

Here is the abstract:

Many tribal governments throughout the US struggle with developing and maintaining positive relationships with other governments that have overlapping boundaries. Sometimes a tribe and other governments are able to strike an accord and realize a wide array of ways their respective governments can complement each other in order to provide the best services to their shared communities. Other times tribal and local governments find themselves tied up in litigation and negative public relations campaigns due to their inability to find a way to peacefully coexist. The Oneida Reservation has a unique history leading to checkerboard landownership patterns and the presence of tribal and local governments providing varying levels of government services. With respect to tribal trust land, the Oneida Tribe and local governments have been working together for the past two decades to find equitable ways to recognize each other’s government services through service agreements.

PDF

Standing Rock Sioux Tribal Court Seeking Associate Judge

The Standing Rock Sioux Tribe requests applications for the position of ASSOCIATE CHIEF JUDGE of the Standing Rock Sioux Tribal Court. (PDF)

 

The Associate Chief Judge shall carry out the duties and obligations of the office in accordance with the provisions of the Tribal Constitution and the Standing Rock Tribal Code of Justice.  Section 1-305 of the Code of Justice, available online at standingrock.org, outlines the duties of the Judges of the Standing Rock Sioux Tribal Court.

 

The terms of employment, as well as the compensation for this position, will be set forth in the negotiated agreement between the Associate Chief Judge and the Standing Rock Sioux Tribal Council.  The Associate Chief Judge will be compensated on an hourly basis.

 

In order to serve as the Associate Chief Judge, candidates will need to meet the statutory requirements outlined in Section 1-301 of the Standing Rock Sioux Tribal Code of Justice, which provide the Associate Chief Judge must: (1) be at least 25 years of age; (2) of high moral character and integrity; (3) never have been convicted of a criminal offense, or a traffic offense, for which punishment of imprisonment was imposed; (4) not have been dishonorably discharged from the Armed Services; (5) be physically able to carry out the duties of the office and (6) possess a Juris Doctor from an ABA-accredited law school and be a member in good standing of the bar of any State or Federal court.

 

Applicants must submit a resume, three writing samples, and three references. Any offer of employment will be contingent upon Tribal, State, and Federal Criminal Background Checks.

 

Applications and inquiries regarding the Associate Chief Judge position may be directed or submitted to Ms. Dellis M. Agard, Court Administrator, Standing Rock Sioux Tribal Court, via regular mail at PO Box 363, Fort Yates, North Dakota , 58538, or via e-mail at dagard@

standingrock.org.  Ms. Agard may be contacted, by telephone, at 701-854-7244.

 

The worksite for this position is located at the Standing Rock Sioux Tribal Court in Fort Yates, ND.  The Sitting Bull College Transit provides transportation services, at a nominal cost, to and from Bismarck, ND, Mobridge, SD, McLaughlin, SD and Selfridge, ND, in coordination with the Tribal Work Day, which is from 8:00 a.m. to 4:30 p.m. (Central Time).

SCOTUS Order from Long Conference

Here.

The Supreme Court denied cert in Oklahoma v. Hobia, Wisconsin v. Ho-Chunk, Sac and Fox Nation v. Borough of Jim Thorpe, and Torres v. Santa Ynez Band of Chumash Indians.

The Court took no action on the Jensen v. EXC petition, perhaps because the Dollar General v. Mississippi Band of Choctaw Indians matter is pending and involves similar issues (tribal court jurisdiction over nonmembers).