Here are the materials in Gilham v. United States (Fed. Cl.):
Blackfeet Tribe
I Don’t Know Why Indian Country Doesn’t Demand that Congress Pass the RESPECT Act because This Bullshit’s Gonna Keep Happening Until Then [Badger Two-Medicine]
Please see the strongly worded, if misguided, commentary from Judge Leon in Solonex v. Haaland, who sees 40 years of delay on a drilling permit and calls it “Kafkaesque.” It’s hard to disagree with that sentiment — though I wish the court were more understanding that tribal and Indian efforts to stop the drilling proposal began when there were virtually no legal protections for tribes and Native citizens to utilize. It’s time to acknowledge that this drilling should never have been approved over tribal and Indian objections and the RESPECT Act takes us a long way down the road to preventing this B.S. from happening over and over again.
Here is the order in Solonex LLC v. Haaland (D.D.C.):
Prior post on the D.C. Circuit decision from which this case is on remand here.
Briefs:
Suit Filed to Challenge Montana Human Rights Commission’s Power to Enforce State Law Protections of Anti-Vaxxers in Indian Country
Here is the complaint in Glacier County Regional Port Authority v. Esau (D.Mont.):
Montana Federal Court Allows Tribal Members’ Race Discrimination Complaint against Telephone Coop to Proceed
Here are the materials in Barnes v. 3 River Telephone Cooperative, Inc. (D. Mont.):
D.C. Circuit Affirms Interior’s Cancellation of Oil & Gas Lease at Badger-Two Medicine Area
D.C. Circuit Briefs in Moncrief v. Dept. of Interior/Solonex v. Bernhardt
Montana Supreme Court ICWA Notice Case
¶28 In this case, CPS Lebrun’s testimony that an unidentified person orally confirmed that “they are not eligible, just they can only be descendent members” does not satisfy the Department’s ICWA burden. As a direct result of the Department’s failure to satisfy this burden—and likely assuming the Department had, prior to filing its Notice of No ICWA Involvement, followed up with formal inquiry with the Blackfeet Tribe as CPS Lebrun testified he would—the District Court proceeded to termination without conclusive determination from the Tribe. No documentation or testimony of an authorized tribal representative either dispelled or confirmed the District Court’s and Department’s belief that the children were not Indian children as defined by ICWA. Under the circumstances of this case, we hold the District Court erred by proceeding to terminate Mother’s rights to D.E. and A.E. without a conclusive tribal determination of their tribal membership status and eligibility.¶29 Accordingly, we hold the District Court abused its discretion in terminating Mother’s parental rights without a conclusive tribal determination of tribal membership status and enrollment eligibility. We reverse and remand for an appropriate threshold determination of whether D.E. and A.E. are Indian children based on a conclusive tribal determination of tribal membership and eligibility in the Blackfeet Tribe. Further, if D.E. and A.E. are conclusively identified as Indian children subject to the requirements of ICWA, the District Court shall hold further proceedings as may be necessary to meet the evidentiary burdens of ICWA.
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.
Fredericks Peebles & Morgan LLP
2018 Summer Law Clerks. Fredericks Peebles & Morgan LLP (“FPM”) is a nationwide firm dedicated to the practice of Federal Indian Law. FPM represents Native American tribes and organizations in a wide spectrum of areas including business transactions, litigation, and governmental affairs. FPM is seeking applications from second year law students for 2018 Summer Law Clerks for offices in Louisville, Colorado; Omaha, Nebraska; and Sacramento, California. Applicants must be enrolled in an ABA accredited law school. Experience or coursework in tribal and Federal Indian Law is required and/or preferred at most FPM office locations. Applicants must also possess excellent analytical, research and communication skills, and the ability to work well independently and as a team member in a fast-paced environment. FPM offers a competitive hourly wage for a 10 – 12-week summer position.
Applicants should e-mail a cover letter, resume, a writing sample, and law school transcripts to Ann Hacker at ahacker@ndnlaw.com no later than September 30, 2017. The cover letter must indicate preference for each FPM office location by completing the chart below (i.e.: #1 is for the top location preference followed by 2, 3, etc. If you are not applying for consideration at a particular office location please note N/A). The cover letter should be addressed to Ann Hacker. If your preferred office location includes our Colorado office a separate cover letter needs to be addressed to the attention of Thomas W. Fredericks.
| Louisville, CO | |
| Omaha, NE | |
| Sacramento, CA |
Department of Justice
Assistant United States Attorney, District of Colorado. The U.S. Attorney’s Office is currently interviewing for an Assistant United States Attorney to serve in Durango, Colorado, as part of the Criminal Division. Closes Tuesday, September 26, 2017.
National Indian Child Welfare Association
Executive Communications Manager, Portland O.R. responsible for promoting NICWA’s public image and visibility through a variety of communications media and provides communications support to the executive director and NICWA staff. Closes Monday, October 2, 2017.
Central Council of Tlingit and Haida Tribes of Alaska
Appellate Court Administrator, Juneau, A.K. Responsible for developing and managing the Appellate Court expansion project for the Tlingit & Haida Tribal Court, which will include code drafting, hiring and administratively supervising consultants for drafting statutes, policies and procedures; working closely with the Judiciary Committee and Judges; and providing administrative support for the development of the Tlingit & Haida Trial Courts and other Southeast Alaska Tribal Courts.
National Indian Gaming Commission
FOIA Officer, Office of the General Counsel, Washington, D.C. Oversees the Commission’s Freedom of Information Act (FOIA) and Privacy Act (PA) program. Responsible for directing the work of the FOIA office staff and developing program policy. Closes Thursday, October 5, 2017.
Ain Dah Yung Center
Indian Child Welfare Compliance Monitor, St. Paul, M.N. Provides court monitoring, education and outreach, and advocacy to ensure court compliance.
Sonosky Chambers Sachse Miller & Monkman, LLP
Attorney, Anchorage, A.K. The Sonosky Chambers firm specializes in representing Native American interests in a wide range of work involving tribal sovereignty and self-governance, health care, complex litigation, appellate and Supreme Court work, legislative affairs, and a wide range of additional matters. Additional information about our firm is available at www.sonosky.com. Interested applicants should have strong credentials and a commitment to representing Native American interests. One to four years’ experience is preferred but all qualified applicants will be considered. Please send a letter of interest, resume, writing sample and transcripts to sue@sonosky.net. All applications will be kept confidential.
Blackfeet Tribe
Staff Attorney, Browning, M.T. Responsible for general litigation matters, employment relations, legislative advocacy, and assisting tribal programs. It is preferred that an applicant have at least five (5) years experience in the practice of law. The applicant must be licensed in the State of Montana and produce a Certificate of Good Standing with the Montana State Bar. The applicant should have demonstrated interest and knowledge of federal Indian Law, administrative law, and trial advocacy. The position requires personal integrity and the ability to produce timely and accurate written work. Full-time with salary negotiable. Applicant must submit to a criminal background check and pass a pre-employment drug screen. Please send a resume, three (3) references and a short writing sample to Blackfeet Legal Department, P. O. Box 849, Browning MT 59417 7777 or email blackfeetlegal@gmail.com. The position will remain open until filled. If you have questions or need further information, please contact the Blackfeet Legal Department at (406) 338-7777.
Alaska Native Tribal Health Consortium
Tribal Health Attorney, Anchorage, A.K. The Alaska Native Tribal Health Consortium anticipates expanding it legal team to support new and exciting initiatives to improve health care quality and access for Alaska Native patients and communities. We are seeking additional legal expertise to assist with new and developing partnerships and transactions, health care and medical staff issues, personnel matters, information technology and security issues, and regulatory compliance.
Ideal candidates will have at least seven years of experience in health law or another relevant field; an understanding of “Indian law,” the intersection between medical staff and employment issues, and government contracting; demonstrated experience working for complex clients in a team-oriented environment; exquisitely good judgment; and the ability to reconcile competing legal principles to assist ANTHC in finding innovative ways to achieve its vision that “Alaska Natives are the healthiest people in the world.”
The Consortium works with Alaska’s Tribal health organizations and over 229 federally recognized Tribes to administer the Alaska Tribal Health System. The Consortium partners with Southcentral Foundation to co-manage the 150+ bed Alaska Native Medical Center, which is a Level II Trauma Center and has achieved Magnet status in recognition of nursing excellence. ANTHC also provides community and environmental health services; constructs health clinics and water and sanitation systems in rural Alaska; develops and deploys telehealth technology; administers an epidemiology center; develops training for allied health providers; and provides technical assistance and support to other members of the Alaska Tribal Health System.
The Consortium’s main office is located in Anchorage, Alaska. In accordance with federal law, ANTHC applies Native Preference in hiring and contracting. Learn more about ANTHC at http://www.anthctoday.org/ and ANMC at http://www.anmc.org/. For more information, please direct inquiries and resumes to Nacole Heslep, General Counsel at ndheslep@anthc.org with “Tribal Attorney B” in the subject line.
Previous Friday Job Announcements: 9/8/17
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.
Echo Hawk & Olsen, PLLC
Associate, Indian law practice group. A small firm based in Idaho with a regional Indian law practice (Idaho, Utah, Nevada, Wyoming, Arizona) dedicated to representing Native American interests is recruiting an Associate. The Associate will work closely with Mark Echo Hawk in representing multiple tribes on matters involving federal Indian law, tribal law, litigation, ISDEAA matters, treaty rights, jurisdiction, taxation, TERO, economic development, etc. Preferably the candidate has at least one year of experience practicing Indian law. Interested applicants should send the following a cover letter, resume, transcript, and writing sample to Mark Echo Hawk at mark@echohawk.com no later than June 30, 2017.
Blackfeet Tribe
In House Staff-Attorney. Will represent the Tribe in administrative and civil litigation proceedings in federal, state and tribal forums. Primarily responsible for general litigation matters, employment relations, legislative advocacy, and assisting tribal programs. It is preferred that an applicant have at least five (5) years experience in the practice of law. The applicant must be licensed in the State of Montana and produce a Certificate of Good Standing with the Montana State Bar. The applicant should have demonstrated interest and knowledge of federal Indian Law, administrative law, and trial advocacy. The position requires personal integrity and the ability to produce timely and accurate written work. Salary will be negotiable. Applicant must submit to a criminal background check and pass a pre-employment drug screen.
Please send a resume, three (3) references, and a short writing sample to Blackfeet Legal Department, P.O. Box 849, Browning, MT, 59417-7777 or email blackfeetlegal@gmail.com. The position will remain open until filled. If you have questions or need further information, please contact the Blackfeet Legal Department at (406) 338-7777.
Previous Friday Jobs Announcement:6/16/17
Ninth Circuit Affirms Conviction for Theft from Blackfeet Tribe’s Po’Ka Project
Here is the opinion in United States v. Conti.
Turtle Talk 
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