Department of Justice

NAICJA Board of Directors Unanimously Support AG and ILOC Reports

Sarah M Donnelly

Resolution No. 2015-01
Resolution No. 2015-02

The National American Indian Court Judges Association are supporting the Indian Law and Order Commission’s November 2013 report entitled “A Roadmap for Making Native America Safer,” which “advocates for tribal justice systems to have the ability to fully express their sovereignty by opting out of the current jurisdictional maze, and exercise criminal jurisdiction over all persons without any sentencing limitations, including juveniles.”  However, NAICJA prefers that all individuals charged with crimes under this enhanced tribal jurisdiction be provided with civil rights protections equivalent to those guaranteed by the Indian Civil Rights Act, instead of the U.S. Constitution.

NAICJA is also supporting the November 2014 report from the Attorney General’s advisory committee on American Indian/Alaska Native Children Exposed to Violence entitled “Ending Violence So Children Can Thrive” which “calls for the restoration of the inherent sovereignty of tribes to assert full criminal jurisdiction over all persons who commit crimes against AI/AN children in Indian country.”

AUSA Vacancy for Eastern District of Wisconsin

Sarah M Donnelly

USAO Eastern District of Wisconsin
Attorney
205 Doty Street Suite 301
Green Bay, WI 54301
United States
16-EDWI-1496516-AUSA

About the Office: The United States Attorney for the Eastern District of Wisconsin is currently seeking qualified applicants for a position as an Assistant United States Attorney (AUSA) in the Criminal Division for our Green Bay, WI location. The AUSA will serve as a Community Prosecutor and primarily handle matters arising on the Menominee Indian Reservation.

Job Description: The Community Prosecutor will interact with the Menominee Indian Tribe, as well as other federally-recognized tribes, on a variety of public and community safety matters. The Community Prosecutor also will be responsible for the federal prosecution of felony offenses, such as violent crimes, sexual assaults, sexual exploitation of children, and drug-trafficking offense

Qualifications: 

Required qualifications: Applicants must possess a J.D. degree, be an active member of the bar (any U.S. jurisdiction), and have at least one year post-J.D. legal experience.

United States citizenship is required.

Preferred qualifications: Applicants must demonstrate analytical ability, good judgment, and excellent communication and courtroom skills. Applicants must demonstrate superior oral and writing skills as well as strong research and interpersonal skills. Applicants should be proficient in the use of a computer. Applicants must exhibit the ability to work in a supportive and highly professional manner with other attorneys, professional support staff, client agency representatives, law enforcement officers / investigators, opposing counsel, and court staff. Experience working in Indian Country or experience prosecuting violent crimes or sexual assault offenses preferred.

Salary: AD -21 – AD 29: $45,477 to $120,365.00 plus locality.

Travel: Occasional Travel from the Green Bay Branch Office to the Main Office in Milwaukee; and to the Menominee Indian Reservation.

Application Process: Please be sure to follow all instructions in the announcement. Incomplete or late applications will not be accepted and will not receive consideration.

Applications submitted to directly to the District will not be accepted and will be returned. Interested applicants must apply online at: https://www.usajobs.gov/GetJob/PrintPreview/414648700

Additional vacancies may be filled under this announcement as needed.

Application Deadline: Monday, October 26, 2015

Relocation Expenses: None

Number of Positions: 1

Executive Office of US Attorneys Seeks Lawyer for Indian Affairs Position

Matthew L.M. Fletcher

Here.

The description:

The Attorney-Advisor will serve as the Native American Issues Coordinator and will work under the supervision of the Assistant Director of the IVCC Staff, EOUSA. Duties of the Native American Issues Coordinator include but are not limited to the following:
• Provide advice and assistance to the USAOs on legal and programmatic initiatives relating to Indian Country issues.
• Act as the liaison to the Native American Issues Subcommittee of the Attorney General’s Advisory Committee of United States Attorneys.
• There is an expectation of independence afforded to the staff member, as well as required initiative to develop, manage, and initiate new and major projects in accordance with the significance of the issue, Department priorities, overall expectations, goals and available resources.

• Assignments involve serving as the point of contact on all matters, criminal and civil, pertaining to Native American issues on behalf of EOUSA and the USAOs; providing support to the USAOs; and coordinating and resolving legal issues.

• Draft Congressionally-mandated reports and statements for the record for Congressional hearings relating to issues affecting American Indians and Alaska Natives.

• Draft and assist with the implementation of initiatives and national policy to further the mission of the Department.

• Act as a liaison between the Department of Justice and other federal agencies in matters pertaining to Indian Country.

• Work closely with the Department’s components, including Leadership, to further the Department’s mission in Indian Country. The incumbent will also work with other federal, state, and tribal agencies, and non-governmental organizations. Accordingly, the incumbent must have the ability to work well with others and to handle issues in a professional, diplomatic, and cordial manner.
• There may be occassional travel to districts that have Indian Country.

NPR Coverage of DOJ’s Commitment to Enforcing the Indian Child Welfare Act

Matthew L.M. Fletcher

Here is “Justice Department Vows To Fight States That Violate Indian Child Welfare Law.”

An excerpt:

This summer the Justice Department intervened for the first time in its history in a federal district court case in South Dakota, concluding that the state has violated the rights of Native American parents.

Two of the state’s largest tribes argued that the state has removed children in hearings where parents were rarely allowed to speak and often lasted less than 60 seconds. The children were then placed indefinitely in largely white foster homes.

Stephen Pevar, a senior staff attorney at the American Civil Liberties Union, which brought the suit along with the Oglala Sioux and Rosebud Sioux tribes, called the hearings “kangaroo courts.”

“There was nothing — nothing — that any of the parents did or could have done,” Pevar said. “It was a predetermined outcome in every one of these cases.”

DEPARTMENT OF JUSTICE RELEASES SECOND REPORT TO CONGRESS ON INDIAN COUNTRY INVESTIGATIONS AND PROSECUTIONS

Matthew L.M. Fletcher

DEPARTMENT OF JUSTICE RELEASES SECOND REPORT TO CONGRESS ON INDIAN COUNTRY INVESTIGATIONS AND PROSECUTIONS

 

Report to Congress is Requirement under the Tribal Law and Order Act of 2010

 

WASHINGTON – The Department of Justice released today its second report to Congress entitled Indian Country Investigations and Prosecutions, which provides a range of enforcement statistics required under the Tribal Law and Order Act of 2010, as well as information about the progress of the Attorney General’s initiatives to reduce violent crime and strengthen tribal justice systems. 

 

The report, based on data compiled from the case management system used by U.S. Attorney’s Offices (USAO), shows prosecutors in 2013 continued to bring substantial numbers of cases to federal court (a 34 percent increase over FY 2009 numbers) and prosecute a substantial majority of all cases referred to them.  Of the cases that were declined for federal prosecution, most were declined for insufficient evidence or because they were referred to another prosecuting authority, such as the tribe, for potential prosecution.  

 

“As detailed in this report, the Department of Justice is making good on our commitment to strengthen cooperation with sovereign tribes, reduce violent crime, and ensure justice for every individual,” said Attorney General Eric Holder.  “From our work to empower Indian women under the landmark Violence Against Women Reauthorization Act, to the task force we established to safeguard children in Indian country from violence and abuse, we have made significant strides – in close partnership with tribal nations – to bolster the safety and security of all American Indian and Alaska Native communities.   As we move forward, we will continue to expand on this critical work; to deepen our ongoing efforts; and to reaffirm our dedication to the promise of equal rights, equal protection, and equal justice for all.”

 

Although declination rates are an imperfect means of evaluating the effectiveness of criminal justice in Indian country or elsewhere, the report shows that with few exceptions, areas where the largest populations of American Indian people live and suffer from the most serious crime rates, such as the Southwest and the northern plains states (which together handled approximately 70 percent of the 2,542 cases resolved in 2013), federal declination rates were the lowest in the nation.  For instance, South Dakota had the second to highest number of cases resolved in the country last year, 470 cases, and one of the lowest declination rates of 26 percent.  Arizona resolved the highest number of cases, 733 cases, and had a declination rate of 28 percent.

 

Associate Attorney General Tony West announced the findings in remarks to the Four Corners Indian Country Conference today on the Navajo Nation in Flagstaff, and met separately with the Attorney General’s advisory subcommittee on Native American issues to discuss the report, among other matters.

 

“We are witnessing an unprecedented era of collaboration among U.S. Attorneys’ offices and tribal law enforcement and prosecutors across the country,” said Associate Attorney General West.  “This report shows the fruits of this continuing partnership between the federal government and American Indian tribes, including enhancing training and capacity building for tribal court systems and improving responses to victims in Indian country.”

 

“Over the past five years, the Justice Department and our tribal partners have taken important steps forward on our journey toward a safer Indian Country,” said Timothy Purdon, U.S. Attorney for the District of North Dakota and chair of the Attorney General’s advisory subcommittee on Native American issues.  “Vigorous enforcement of federal laws is vitally important to strengthening public safety on American Indian reservations.  We are pleased to see in this report that U.S. Attorney’s Offices across the country continue to work hard to remove the most dangerous offenders and work closely with tribal law enforcement and prosecutors.  These promising numbers are the direct result of this enhanced communication and collaboration.” 

 

“The FBI continues to be committed to public safety in Indian Country,” said FBI Assistant Director Joseph S. Campbell. “Our partnership with federal, state, local, and tribal agencies remains strong as we continue to aggressively address violent crime and victimization in tribal communities.”

 

The information contained in the report shows the following: Continue reading →

DOJ Announces The Gaye L. Tenoso Indian Country Fellowship

Matthew L.M. Fletcher

Gaye L. TenosoThe Gaye L. Tenoso Indian Country Fellowship

The Gaye L. Tenoso Indian Country Fellowship, part of the Attorney General’s Honors Program, is designed to create a new pipeline of legal talent with expertise and deep experience in federal Indian law, tribal law, and Indian Country issues that can be deployed in creative ways to build tribal capacity, combat violent crime, and bolster public safety in Indian Country jurisdictions.

The Fellowship is named in honor of Department of Justice attorney, the late Gaye L. Tenoso. Gaye’s distinguished service to the Department and the people it serves spanned 30 years. For the last six years of her life Gaye served as the Deputy Director the Office of Tribal Justice. Gaye’s expertise in Federal Indian law and knowledge of Tribes enabled her to be an exceptionally effective advisor on litigation and policy matters. She worked tirelessly to ensure that specific protections for American Indian women were included in the Violence Against Women Act Reauthorization of 2013. Gaye also mentored many legal interns during her time at the Office of Tribal Justice, and was an inspiration and guide who left a deep impression on many young attorneys.

Prior to serving with the Office of Tribal Justice, Gaye worked for over 25 years in the Department of Justice Civil Rights Division in the Educational Opportunities Section and the Voting Section. While in the Voting Section, she received the high honor of being invited by the United States Solicitor General to sit at counsel table during the Supreme Court argument in Reno v. Bossier Parish School District. In addition, Gaye led the Civil Rights Division’s Election Monitoring Program to ensure the right to vote for all Americans. Gaye’s passion was to ensure American Indians were provided the same access to voting as others. She was instrumental in bringing cases against counties in Arizona, New Mexico, and Utah to provide language assistance at the polls for American Indians, where she helped spearhead unprecedented remedies to provide voting opportunities for all.

Gaye was an enrolled member of the Citizen Potawatomi Nation of Indians. At the time of her passing, Gaye had been asked to serve as a Justice on her Tribe’s Supreme Court. Attorney General Eric Holder memorialized Gaye by saying she “was an inspiration to many and a lifelong champion of federal-tribal cooperation.” Gaye will be remembered for her lifelong passion for justice and her defense of civil rights.

DOJ to consult with tribes on possible voting rights legislation

Ann Tweedy

The DOJ is considering recommending that Congress pass legislation requiring state and local election administrators whose districts include Indian or Alaska Native lands to allow tribes to designate at least one polling place. Consultations are to begin shortly. It seems to me that such legislation would be very helpful in reducing the barriers to voting for Native persons who live on reservations and in similar communities.

The official notice is here: DOJ Consultation Announcement–Voting Rights (1). More information can also be found on the website for the Office of Tribal Justice.

DOJ Job Posting: OVW Tribal Affairs Division Grants Specialist

Matthew L.M. Fletcher

Here.

An excerpt:

This position is located in the Department of Justice (DOJ), Office on Violence Against Women (OVW). Created in 1995, OVW implements the Violence Against Women Act (VAWA) and subsequent legislation and provides national leadership against domestic violence, dating violence, sexual assault and stalking. Since its inception, OVW has launched a multifaceted approach to responding to these crimes through implementation of grant programs authorized by VAWA. By forging state, local and tribal partnerships among police, prosecutors, the judiciary, victim advocates, healthcare providers, faith leaders, the public, and others, OVW grants help provide victims with the protection and services they need to pursue safe and healthy lives, while improving communities’ capacity to hold offenders accountable for their crimes.

Navajo Nation Comments on DOJ’s Proposed Indian Policy

Matthew L.M. Fletcher

Here:

2014-04-04 NN ltr to DOJ re Indian policy

The DOJ draft and call for comments are here:

2013-11 DOJ draft principles for working with tribes

2014-02-11 DOJ DTL ltr re DOJ Indian policy