Here are the materials in Faris v. Southern Ute Indian Tribe (D. Colo.):
Colorado Federal Court Dismisses Employment Action against Southern Ute
District of Colorado
Colorado Federal Court Refuses to Accept Plea Deal for Lesser Included Offense in Major Crimes Act Prosecution
Here are the materials in United States v. English (D. Colo.):
33 Joint Memorandum in Support of Plea Agreement
36 Magistrate Minute Order: “This Court does not have jurisdiction over the charge in the proposed Plea Agreement. . . .”
An excerpt:
The Major Crimes Act represents one way in which Congress has permitted federal courts to exercise jurisdiction over crimes occurring on tribal lands which otherwise would be subject to the exclusive jurisdiction of the tribal courts. Now codified at 18 U.S.C. § 1153, the Act gives federal courts exclusive federal jurisdiction over certain enumerated felonies occurring between Indians in Indian Country, including, specifically, “a felony assault under section 113.” 18 U.S.C.A. § 1153(a). See also United States v. Burch, 169 F.3d 666, 669 (10th Cir. 1999). Prosecution of crimes not expressly designated in section 1153, including, specifically, simple assault – is reserved to the tribal courts, in recognition of their inherent sovereignty over such matters. United States v. Antelope, 430 U.S. 641, 643 n.1, 97 S.Ct. 1395, 1397 n.1, 51 L.Ed.2d 701 (1977); United States v. Quiver, 241 U.S. 602, 700-01, 36 S.Ct. 699, 605-06, 60 L.Ed. 1196 (1916); United States v. Burch, 169 F.3d 666, 668-69 (10thCir. 1999). See also United States v. Lara, 541 U.S. 193, 199, 124 S.Ct. 1628, 1632-33, 158 L.Ed.2d 420 (2004) (“[25 U.S.C. § 1301] says that it ‘recognize[s] and affirm[s]’ in each tribe the ‘inherent’ tribal power … to prosecute nonmember Indians for misdemeanors.”).
Colorado Federal Court Declines to Enjoin Enforcement of Colorado Mascots Ban because the Ban Isn’t Effective until Mid-2022
Here are the materials in Marez v. Polis (D. Colo.):
Federal Court Dismisses ICRA Habeas Petition of Kewa Pueblo Prisoner No Longer Incarcerated
Here are the materials in Tenorio v. Hawk (D. Colo.):
Federal Court Orders ICRA Habeas Petitioner to Join a Tribal Respondent [Pueblo of Kewa]
Here are the materials in Cheykaychi v. Giesen (D. Colo.):
Federal Court Rejects HUD Restitution Motion in Ongoing Disputes with Tribal Housing Authorities
Here are the materials in the consolidated matters captioned Tlingit-Haida Regional Housing Authority v. United States Department of Housing and Urban Development (D. Colo.):
115 HUD Motion for Restitution
120 Housing Authority Opposition
An excerpt:
When asked at the hearing why the payments of the judgments were made during the appeal process, counsel for HUD said, “I think they thought it was, you know, the equitable thing to do.” He was right. The equitable thing for the Court to do now is to deny the motion for restitution.
Prior posts here.
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
Tenth Circuit Briefs in Modoc Lassen Indian Housing Authority v. HUD
Southern Ute Indian Tribe’s Opening Brief in Hydraulic Fracturing Suit
Here is the pleading in Southern Ute Indian Tribe v. Dept. of Interior (D. Colo.):
Fake Indian Alert: Federal Complaint by “Chief” of Nonrecognized Tribe
Here is the complaint in Riggin v. Woodward (D. Colo.):
The complaint includes the following text:
This case has been properly removed to the Karluk Tribal court, as Mr. Riggin is a tribal member and the Chief, of the KiKiallus Indian Nation. Per the Point Elliot Treaty of 1855, he is granted among other things, the right to hunt for game, and sovereign immunity. These treaty rights have been violated and ignored by the Jefferson County Courts, thus giving the United States District Court original jurisdiction over this action.
We’ve posted on the nonrecognized Washington state tribe, “KiKiallus Indian Nation,” and the use/abuse by its alleged members of an entity known as the “Karluk Tribal court” here, here, here, here, and here.
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